RULING
The Attorney General (the applicant), who at all material times was acting for the Ministry of State for Defence, took out the motion on notice to which this ruling relates, on 21st June 2017. Brought primarily under Article 159 of the Constitution and rule 4 of the Court of Appeal Rules, the application seeks extension of time to appeal against the judgment of the Employment and Labour Relations Court (ELRC) (Ndolo, J.) delivered some three years earlier, on 8th July 2014. By dint of rule 75(2) of the rules of this Court, the applicant was obliged to file a notice of appeal, which under the same rules originates an appeal, within 14 days of the delivery of the judgment. The burden is on the applicant to explain why he did not comply with the rule and why he has taken up to three years to apply for extension of time to file the notice of appeal (See Kenya Revenue Authority v. Habimana Sued Hemed and Another, SC. CA. No. 23 of 2015).
The dispute leading to the judgment that the a…