Independent Electoral and Boundaries Commission v Stephen Kibet Ngeno [2020] eKLR Case Summary

Court
Court of Appeal at Nakuru
Category
Civil
Judge(s)
S. ole Kantai, J.A.
Judgment Date
October 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2

Case Brief: Independent Electoral and Boundaries Commission v Stephen Kibet Ngeno [2020] eKLR


1. Case Information:
- Name of the Case: The Independent Electoral and Boundaries Commission v. Stephen Kibet Ngeno
- Case Number: Civil Application No. 43 of 2019
- Court: Court of Appeal at Nakuru
- Date Delivered: 23rd October 2020
- Category of Law: Civil
- Judge(s): S. ole Kantai, J.A.
- Country: Kenya

2. Questions Presented:
The central legal issue presented to the court was whether to grant an extension of time for the Independent Electoral and Boundaries Commission (IEBC) to file a notice of appeal against the judgment of the Employment and Labour Relations Court, which ordered the reinstatement of Stephen Kibet Ngeno and payment of damages.

3. Facts of the Case:
The applicant, the IEBC, was dissatisfied with a judgment delivered by Njagi Marete, J., of the Employment and Labour Relations Court on 1st February 2019. This judgment involved issues of reinstatement, withheld salary, notice pay, and damages, ordering the respondent, Stephen Kibet Ngeno, to be reinstated to his position and compensated accordingly. The notice of judgment was served on the same day, but the applicant's legal team, based in Nairobi, could not attend the court in Kericho. They did not receive a copy of the judgment until 1st March 2019, which was after the deadline for filing a notice of appeal.

4. Procedural History:
The application for an extension of time to file a notice of appeal was made under Section 3A of the Appellate Jurisdiction Act and relevant rules of the Court. The applicant argued that the delay was due to circumstances beyond their control, including the timing of the judgment delivery and the late receipt of the judgment document. The motion was dated 2nd August 2019, and the court had to consider the length and reasons for the delay, the likelihood of success of the appeal, and potential prejudice to the respondent.

5. Analysis:
- Rules: The court considered the principles established in Leo Sila Mutiso v. Rose Wangari Mwangi [1999] 2 EA 233, which outline the discretionary nature of extending time for appeals. The factors include the length of the delay, the reasons for the delay, chances of success of the appeal, and the degree of prejudice to the respondent.
- Case Law: The court referenced the aforementioned case, emphasizing that extensions are granted based on the circumstances of each case. The applicant argued that their appeal was of great public interest, touching on stay orders from a related case (County Government of Embu & Others v. IEBC & Others).
- Application: The court found that the applicant's reasons for the delay were valid, as the judgment was only made known to them on 1st March 2019. The court concluded that the length of the delay was not excessive and that the applicant should be granted the opportunity to appeal, given the implications of the lower court's ruling on public interest.

6. Conclusion:
The Court of Appeal ruled in favor of the applicant, granting an extension of time to file a notice of appeal. The applicant was ordered to file the notice within 14 days and the record of appeal within 30 days thereafter. The decision underscored the importance of allowing parties the opportunity to appeal significant rulings, particularly in matters of public interest.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The Court of Appeal granted the Independent Electoral and Boundaries Commission an extension of time to file a notice of appeal against a judgment ordering the reinstatement of an employee and payment of damages. This case highlights the court's discretion in extending appeal timelines, particularly when delays are due to factors beyond a party's control, and reinforces the significance of addressing public interest issues in employment law.

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