[2017] KEELRC 1121 (KLR)
The court held that the claimant's application for review did not meet the threshold set by the Employment and Labour Relations Court Rules. The claimant failed to demonstrate any error apparent on the face of the record or the discovery of any new and important matter that could not have been discovered with due...
Source-derived case information.
- Citation
- [2017] KEELRC 1121 (KLR)
- Parties
- Applicant: Isaac Shivachi Mutoka; Respondent: Yala Town Council
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 266 of 2012
- Procedural Posture
- Review Application / Ruling on Application for Review
- Outcome
- application dismissed with costs
- Judges
- DI Wasike
- Legal Topics
- Review of Judgment, Error on Face of Record, Timeliness of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Shivachi Mutoka
Applicant
Yala Town Council
Respondent
Procedural Posture
Review Application / Ruling on Application for Review
Legal Issues
- 1 Whether the application for review meets the criteria set under the Employment and Labour Relations Court Rules.
- 2 Whether the claimant has demonstrated an error on the face of the record or discovery of new material facts.
- 3 Whether the application for review is time-barred due to delay.
Ratio Decidendi
The court held that the claimant's application for review did not meet the threshold set by the Employment and Labour Relations Court Rules. The claimant failed to demonstrate any error apparent on the face of the record or the discovery of any new and important matter that could not have been discovered with due diligence before judgment. The court further noted that the application was filed almost three years after the judgment, rendering it inordinately late. The court emphasized that the claimant's arguments amounted to an attack on the merits of the judgment, which should be pursued through an appeal rather than a review. Consequently, the application was found to be without merit...
Court Disposition
application dismissed with costs
Orders
- The application for review dated 6th April, 2016 is dismissed with costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF
KENYA AT NAIROBI
CAUSE NUMBER 266 OF 2012
ISAAC SHIVACHI MUTOKA…………..…………………CLAIMANT
VERSUS
YALA TOWN COUNCIL……………….....…..............RESPONDENT
RULING
1. The court has reviewed and considered the application for review dated 6th April, 2016 and is not satisfied that the application fits the parameters for review as set under the Employment and Labour Relations Courts Rules.
2. The argument by the claimant that when the learned Judge found that he was entitled to the reliefs sought meant all his prayers were to be granted seems to attack the finding of the learned trial Judge which should be subject of an appeal and not review.
3. The review as filed does not demonstrate any error on the face of the Judgment of Marete J or discovery of any material fact of which the claimant could not after exercise of due diligence not able to find prior to the hearing and final judgment in the matter. Besides the application has been filed almost three years after the judgment hence inordinately late.
4. The application is therefore found to be without merit and is hereby dismissed with costs.
5. It is so ordered.
Dated at Nairobi this 28th day of April 2017
Abuodha J. N.
Judge
Delivered this this 16th day of June 2017
In the presence of:-
Claimant in person present
Abuodha J. N.
Judge