Robison Investment Limited v Ongoma (Employment and Labour Relations Appeal E090 of 2025) [2025] KEHC 18480 (KLR) (16 December 2025) (Ruling)
The appeal and application are incompetent due to party misdescription, wrong forum, and being filed out of time without leave.
Source-derived case information.
- Citation
- [2025] KEHC 18480 (KLR)
- Parties
- Appellant: Robinson Ivestment Limited; Respondent: Albert Odira Ongoma
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Appeal E090 of 2025
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objections
- Outcome
- appeal and application struck out
- Legal Topics
- Appeals, Jurisdiction, Limitation of Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robinson Ivestment Limited
Appellant
Albert Odira Ongoma
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objections
Legal Issues
- 1 Whether the appeal is competent given the discrepancy in parties
- 2 Whether the appeal was filed in the correct court
- 3 Whether the appeal was filed within the statutory time limit
Ratio Decidendi
The appeal and application are incompetent due to party misdescription, wrong forum, and being filed out of time without leave.
Court Disposition
appeal and application struck out
Orders
- The Memorandum of Appeal dated 15th December 2025 is struck out.
- The Application accompanying the Memorandum of Appeal is struck out.
Full Case Text
Judgment text and source record
1 paragraphs
1 REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU ELRC CIVIL APPEAL NO.E090 OF 2025 BETWEEN ROBINSON IVESTMENT LIMITED .....................................................APPELLLANT VERSUS ALBERT ODIRA ONGOMA ...............................................................RESPONDENT RULING 1. The Memorandum of Appeal dated 15th December 2025, and the Application filed by the Appellant of even date, is bad in law and incompetent. 2. The Respondent is named Albert Odira Ongoma in the Appeal, while the Claimant in the Claim subject matter of the Appeal, is named Christiano Oanda Reuben. 3. It is not made clear if this is the same person, or if there was substitution of the original Claimant. 4. Secondly, the Memorandum of Appeal and the Application are indicated to have been filed at the High Court of Kenya, an unrelated jurisdiction from the Employment & Labour Relations Court. 5. Thirdly, the Judgment subject matter of the Appeal, was delivered over 4 months ago, on 8th August 2025. 1 6. Rule 14 of the E&LRC [Procedure] Rules. 2024, requires that an Appeal from the Magistracy, shall be filed within 30 days of the delivery of the decision. 2 7. There is no evidence that the Appellant sought, and was granted leave, to file the Appeal over 4 months after the Judgment was delivered by the Trial Court. IT IS ORDERED: - a. The Memorandum of Appeal dated 15th December 2025 is struck out. b. The Application accompanying the Memorandum of Appeal is struck out. c. File is closed. d. No order on the costs. Dated, signed and delivered electronically at Nakuru, this 16th day of December 2025. James Rika Judge 2 3 3