The Court of Appeal has allowed an appeal by Del Monte Kenya Limited, reviving the company’s long-running challenge against a 2012 labour court judgment after more than a decade of procedural litigation.
In a ruling delivered on February 13, a bench comprising Daniel Kiio Musinga (President), Mumbi Ngugi and George Odunga overturned an earlier decision by single appellate judge Kibaya Laibuta that had blocked the company from filing its appeal out of time.
The dispute originates from a 2012 judgment of the Industrial Court in a case filed by Patrick Njuguna Kariuki, where the court awarded him Sh8.86 million and ordered his re-engagement.
The company has since been engaged in multiple applications and appeal attempts, some of which were struck out on procedural grounds.
The appellate bench found that the single judge failed to properly weigh relevant factors when dismissing the company’s 2021 application seeking extension of time to file its notice and record of appeal under Rule 4 of the Court of Appeal Rules.
They said that extension of time is discretionary and typically depends on the length of delay, reasons for delay, chances of success of the intended appeal, and possible prejudice to the respondent.
The judges held that factors including whether the decretal sum had already been paid or whether the respondent intended to execute re-engagement orders were not central considerations when determining whether to extend time.
The appellate court also found that judge Laibuta erred by treating the delay as running from 2012, ruling that the company had taken various steps over the years, including filing notices of appeal, applications for stay, and previous extension requests.
Courts have repeatedly held that delay must be assessed in context, including procedural steps taken and whether delays were reasonably explained.
The ruling effectively reopens a dispute that has been in the courts for more than 14 years.
The bench expressed regret over delays in delivering its own ruling, attributing the lapse to administrative oversight.
No orders were made on costs.
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