[2017] KEELRC 519 (KLR)
The court determined that since Hon. Justice Nzioki Wa Makau, who delivered the original judgment, is now attached to the Nairobi Employment and Labour Relations Court station, the file should be transmitted to him to hear and determine the application for review. This is in accordance with Rule 33(2) of the...
Source-derived case information.
- Citation
- [2017] KEELRC 519 (KLR)
- Parties
- Claimant: Benson Webuye Makana; Respondent: Tandu Alarm Systems Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1903 of 2015
- Procedural Posture
- Review Application / Interlocutory Ruling on File Transmission for Review
- Outcome
- File transmitted to Hon. Justice Nzioki Wa Makau for determination of the review application.
- Judges
- MN Nduma
- Legal Topics
- Review of Judgment, Procedure for Review, Assignment of Judge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Webuye Makana
Claimant
Tandu Alarm Systems Limited
Respondent
Procedural Posture
Review Application / Interlocutory Ruling on File Transmission for Review
Legal Issues
- 1 Whether the application for review of the judgment should be heard by the original judge or another judge.
- 2 Whether the file should be transmitted to Hon. Justice Nzioki Wa Makau for determination of the review application.
Ratio Decidendi
The court determined that since Hon. Justice Nzioki Wa Makau, who delivered the original judgment, is now attached to the Nairobi Employment and Labour Relations Court station, the file should be transmitted to him to hear and determine the application for review. This is in accordance with Rule 33(2) of the Employment and Labour Relations Court (Procedure) Rules, which requires that review applications be heard by the original judge where possible.
Court Disposition
File transmitted to Hon. Justice Nzioki Wa Makau for determination of the review application.
Orders
- The file is transmitted to Hon. Justice Nzioki Wa Makau to prepare a ruling on the application for review and deliver the ruling on notice to the parties.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 1903 OF 2015
BENSON WEBUYE MAKANA….…...........CLAIMANT/RESPONDENT
VERSUS
TANDU ALARM SYSTEMS LIMITED…....RESPONDENT/APPLICANT
Otala for claimant/respondent
Lalu for respondent/applicant
RULING
1. Application dated 15th September 2016 seeks interalia review of the judgment/decree by Hon. Justice Nzioki Wa Makau delivered by Hon. Justice Nduma on 5th August 2016.
2. The Hon. Justice Nzioki Wa Makau has been out of the country on study leave but has since come back. In terms of Rule 33 (2) of the Employment and Labour Relations Court (Procedure) Rules
“An application for review of a decree or order of the court under subparagraphs (b) (c) or (d) shall be made to the Judge who passed the decree or made the order sought to be reviewed or to any other Judge if that Judge is not attached to the court station.”
3. Accordingly, in view of the fact that Hon. Justice Nzioki Wa Makau is now attached to Nairobi, ELRC Station this file is transmitted to him to prepare a ruling on the application for review and deliver the ruling on notice to the parties.
Dated, Signed and Delivered on this 10th Day of November 2017
MATHEWS NDERI NDUMA
JUDGE