Kimiti v British Army Training Unit Kenya (Civil Application E074 of 2026) [2026] KECA 1524 (KLR) (31 July 2026) (Ruling)

**IN THE COURT OF APPEAL AT NAIROBI** **(CORAM: W. KARANJA, JA (IN CHAMBERS)** **CIVIL APPLICATION NO. NAI E074 OF 2026** **BETWEEN** **NIXON MWAI KIMITI APPLICANT** **AND** **BRITISH ARMY TRAINING UNIT KENYA RESPONDENT** *(Being an application for extension of time within which to file and serve Notice of Appeal form the Judgment of the Employment and Labour Relations Court at Nairobi* ***(N.N. Makau, J.)*** *dated 26th April 2019* *In* ***ELRC Case No. 415 of 2018)*** *\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\** **R U L I N G** 1. The applicant, through the firm of Omega & Associates advocates has filed the notice of motion dated 13th February 2026 seeking extension of time within which to file and serve a Notice of Appeal from the judgment of the Employment and Labour Relations Court Nairobi delivered by Onesmus Makau, J. on 26th April 2019. 2. The application is predicated on, *inter alia,* **Rule 4** of the **Rules** of this Court. He seeks a further order that the notice of appeal lodged on 19th December 2025 be deemed as duly lodged within time. The application is predicated on the eight grounds on its face and is supported by the affidavit of Omega O. Alphayo, the applicant’s counsel on record, sworn on 13th February 2026. 1. I have considered the application along with the grounds on its face and the depositions by learned counsel. I note that the impugned judgment was rendered on 26th April 2019 in **ELRC Cause No. 415 of 2018**. The applicant did not file his appeal within the prescribed time. However, six years later, he moved to the same court and he was granted 14 days extension of time within which to file the notice of appeal. That ruling was given on 4th December 2025. Apparently, the counsel for the applicant filed the Notice of Appeal to this Court on 19th December 2025. 2. Counsel holds the view that he was late in filing the Notice of ppeal by one day and hence this application. The application is not opposed; and that does not surprise me. I say so because **Rule 3** of the **Court of Appeal Rules** is explicit on this issue. It provides as follows:- ***“3. Any period of time fixed by these Rules or by any decision of the Court for doing any act shall be computed in accordance with the following provisions:-*** * 1. ***The period of days from the happening of an event or the doing of any act or thing shall be deemed to be exclusive of the day in which the event happens or that act or thing is done.”*** 1. In my calculation, as the ruling time extending time was made on 4th December 2025, the 14th days ended on 18th December 2025. However, pursuant to **Rule 3** cited above, the last day, being excluded, the notice of appeal filed on 19th December 2025 was filed within time. 2. This application was not necessary. I allow the application in terms of prayer 2. If the Notice of Appeal has not been served, then I order that the same be served within 7 days from the date hereof in compliance with **Rule 79** of the **Court of Appeal Rules**. The applicant shall also comply with the other timelines set by the Court of Appeal Rules in regard to the filing and service of the record of appeal. I make no orders as to costs as the application is not opposed. **Dated and delivered at Nairobi this 31st day of July 2026** **W. KARANJA** **………………….…………..** **JUDGE OF APPEAL** **I certify that this is a true copy of the original.** **SIGNED DEPUTY REGISTRAR.**