Nyakundi v Kenya Airways Limited

Nyakundi v Kenya Airways Limited (Civil Appeal (Application) E863 of 2022) [2025] KECA 2256 (KLR) (19 December 2025) (Ruling) Neutral citation: [2025] KECA 2256 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL (APPLICATION) E863 OF 2022 DK MUSINGA, JA DECEMBER 19, 2025 BETWEEN DANIEL GISIORA NYAKUNDI ........................................................... APPELLANT AND KENYA AIRWAYS LIMITED ............................................................. RESPONDENT (Being an appeal against the Judgment and Decree of the High Court of Kenya at Nairobi (J. N. Mulwa, J.) dated 1st December 2022 in Civil Appeal No. E061 of 2022) RULING 1. The appellant’s notice of motion dated 19th September 2025 seeks leave to amend the memorandum of appeal led on 26th December 2022. The reason for the application is that it has since transpired that some critical grounds of appeal were inadvertently omitted and certain grounds require re-drafting for clarity. The desired amendments will also enable this Court to fully and justly determine the appeal. The appellant has annexed to his adavit in support of the application a copy of the draft Amended Memorandum of Appeal. 2. The application is not opposed. I have considered the application. In an application of this nature the guiding principle is that amendments should be allowed if the amendment sought facilitates the determination of the real controversy between parties, if no injustice or prejudice would be occasioned to the other party. 3. I am satised that the proposed amendment complies with the aforesaid requirements. Consequently, I hereby grant leave to the appellant to amend his Memorandum of Appeal in terms of the proposed draft as aforesaid. The amended Memorandum of Appeal should be led and served within 7 days from the date of delivery of this ruling. The costs of this application shall be in the appeal. DATED AND DELIVERED AT NAIROBI THIS 19TH DAY OF DECEMBER, 2025. https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2256/eng@2025-12-19 1

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