Pride Kings Services Limited v Owino (Appeal E022 of 2026) [2026] KEELRC 2380 (KLR) (8 July 2026) (Ruling)
The Appellant filed the appeal on 4th March 2026 without leave, despite leave having been granted only on 22nd June 2026 subject to strict conditions. On that basis, the appeal was incompetent and was struck out with costs to the Respondent.
Source-derived case information.
- Citation
- [2026] KEELRC 2380 (KLR)
- Parties
- Appellant: PRIDE KINGS SERVICES LIMITED; Respondent: LILIAN AKOTH OWINO
- Court
- Employment and Labour Relations Court
- Jurisdiction
- Kenya
- Case Number
- Appeal E022 of 2026
- Procedural Posture
- Employment and Labour Relations Court Appeal / Ruling on Competency of Appeal
- Outcome
- Appeal struck out with costs to the Respondent.
- Judges
- ["Nzioki wa Makau"]
- Legal Topics
- Appeal Filed Without Leave, Leave to Appeal Out of Time, Competency of Appeal, Striking Out Appeal, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
PRIDE KINGS SERVICES LIMITED
Appellant
LILIAN AKOTH OWINO
Respondent
Procedural Posture
Employment and Labour Relations Court Appeal / Ruling on Competency of Appeal
Legal Issues
- 1 Whether the appeal filed without leave was competent
- 2 Whether the appeal should be struck out for being filed out of time and before compliance with leave conditions
Ratio Decidendi
The Appellant filed the appeal on 4th March 2026 without leave, despite leave having been granted only on 22nd June 2026 subject to strict conditions. On that basis, the appeal was incompetent and was struck out with costs to the Respondent.
Court Disposition
Appeal struck out with costs to the Respondent.
Orders
- The appeal is struck out as incompetent for being filed without leave.
- Costs of the appeal awarded to the Respondent.
Full Case Text
Judgment text and source record
1 paragraphs
 **REPUBLIC OF KENYA** **IN THE EMPLOYMENT *&* LABOUR RELATIONS** **COURT OF KENYA AT KISUMU** **APPEAL NO. E022 OF 2026** PRIDE KINGS SERVICES LIMITED............………………….**APPELLANT** **VERSUS** LILIAN AKOTH OWINO......................……………………**RESPONDENT** **RULING** 1. The Appellant instituted this Appeal without leave as the leave was sought in Misc. E002 of 2026 where the Court delivered a Ruling on 22nd June 2026. In the decision the Court held thus: *The Applicant is granted leave to file an appeal out of time provided it meets the following conditions:-* *a. Pay the Respondent thrown away costs of Kshs. 30,000/- within 14 days of the Ruling herein.* *b. Deposit the entire decretal sum in the joint names of the Advocates on record within 30 days of the Ruling herein.* *c. File the appeal within 45 days of the Ruling herein.* *d. There will be no order as to costs on this application.* 1. The Appeal being incompetent for being filed on 4th March 2026 without leave is struck out with costs to the Respondent. It is so ordered. **Dated and delivered at Kisumu this 8th day of July 2026** **Nzioki wa Makau, MCIArb.** **JUDGE**