Nyangongo v Akola, Principal Kisii National Polytechnic & another (Miscellaneous Application E001 of 2024) [2026] KEELRC 2292 (KLR) (31 July 2026) (Ruling)

 **REPUBLIC OF KENYA** **IN THE EMPLOYMENT *&* LABOUR RELATIONS** **COURT OF KENYA AT KISII** **MISCELLAENOUS APPLICATION NO. E001 OF 2024** EVANS MORARA NYANGONGO……………….………….**APPLICANT** **VERSUS** JOHN OTIENO AKOLA THE PRINCIPAL KISII NATIONAL POLYTECHNIC….…**1ST RESPONDENT** EVERLYN MITEI, THE ACTING CEO TEACHERS SERVICE COMMISSION..........................**2ND RESPONDENT** **RULING** 1. Vide a Notice of Motion dated 6th January 2026 the Applicant seeks orders that this court varies, reviews and/or sets aside its order of the 1st December 2025 on account of an error on the face of the record. He further seeks an order for payment of salary arrears from the date his salary was stopped, together with any other relief that the Court may deem fit to grant. 2. The application is premised on the grounds on its face and the applicant’s supporting affidavit. He contends that the Court’s ruling dismissing his contempt application dated 17th July 2025 was founded on a misrepresentation that part of his salary had been paid, whereas no such payment had been made. According to the Applicant, this constituted an error apparent on the face of the record, warranting review and the setting aside of the ruling. He maintains that he has not received any salary from 2018 to date, leaving him unable to service his loans or sustain his livelihood. He therefore argues that, unless the orders sought are granted, he will suffer prejudice by being denied the fruits of his judgment. He further submits that the clearest indication of the error is the 2nd Respondent’s withdrawal of its application seeking to arrest the delivery of the ruling. On that basis, he urges the Court to allow the application as prayed. Disposition 1. The Court was presented with a motion by the Applicant which seeks the review of the contempt application determined on 1st December 2025 by Gakeri J. Rule 74(1) of the Employment *&* Labour Relations (Procedure) Rules 2024 provides: *(1) A person who is aggrieved by a decree or an order from which an appeal is allowed but from which no appeal is preferred or from which no appeal is allowed, may within reasonable time, apply for a review of the judgment or ruling—* 1. *if there is discovery of a new and important matter or evidence which, despite the exercise of due diligence, was not within the knowledge of that person or could not be produced by that person at the time when the decree was passed or the order made;* *(b)on account of some mistake or error apparent on the face of the record;* (c)*if the judgment or ruling requires clarification; or* *(d)for any other sufficient reason.* *(2)An application for review of a decree or order of the Court under subrule (1)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)A party seeking review of a decree or order of the Court shall apply to the Court by way of notice of motion supported by an affidavit and shall file a copy of the Judgment or decree or ruling or order to be reviewed.* 1. In the application for review made before me, there are no grounds discerned for review. The Court held there was compliance by the Respondent and therefore the contempt could not lie. On the basis of the finding by Gakeri J. the Applicant asserts there was an error on the face of the record. Non-payment of salary cannot be construed as comprising an error on the face of the record. The Court declines to order a review or set aside the determination by Gakeri J. Application dismissed albeit with no order as to costs. It is so ordered. **Dated 30th July 2026 and delivered at Kisumu this 31st day of July 2026** **Nzioki wa Makau, MCIArb.** **JUDGE**