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⚖ Order 50 • 21 Days Rule 15 ELRC (Procedure) Rules, 2024

21 Days to Enter Appearance & File Response to Claim in the ELRC

A respondent served with a Statement of Claim in the Employment and Labour Relations Court must enter appearance and file and serve a Response to Claim within 21 days.

Statutory Window

21 Days

Governed by Rule 15 ELRC (Procedure) Rules, 2024 and Section 57(a) of Cap 2 (trigger date excluded).

Order 50 Rule 2 (< 6 Days)

Calendar Days Counted

Periods under 6 days exclude Sundays and gazetted Kenyan public holidays.

Order 50 Rule 4 Freeze

Runs Through Recess

Appellate & statutory limitation periods continue unless certified.

Statutory Computation Rule (21 Days)

A respondent served with a Statement of Claim in the Employment and Labour Relations Court must enter appearance and file and serve a Response to Claim within 21 days.

Key Practice Questions

What happens if the last day of the 21-day period under Rule 15 ELRC (Procedure) Rules, 2024 falls on a Sunday or Kenyan public holiday?

Under Order 50 Rule 3 of the Civil Procedure Rules and Section 57(b) of the Interpretation and General Provisions Act (Cap 2), if the last day falls on a Sunday or gazetted public holiday when court registries are closed, the filing is duly done on the next working day.

Kenyan Litigation Practice Resources & Checklists

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