[2023] KEELRC 3316 (KLR)
The court held that it lacked jurisdiction to review or set aside the judgment delivered by another judge of concurrent jurisdiction (Abuodha J.) in ELRC Cause No. E259 of 2023, as the said judge was still stationed at Nairobi. The court further found that the application was filed after an inordinate delay, being...
Source-derived case information.
- Citation
- [2023] KEELRC 3316 (KLR)
- Parties
- Applicant: Sylvester Kamau Ngugi & another; Respondent: Kenya Airports Authority & another
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Petition E036 of 2023
- Procedural Posture
- Employment and Labour Petition / Ruling on Interlocutory Application
- Outcome
- Application referred to Principal Judge for directions; no substantive orders granted.
- Judges
- MN Nduma
- Legal Topics
- Review of Judgment, Conservatory Orders, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sylvester Kamau Ngugi & another
Applicant
Kenya Airports Authority & another
Respondent
Procedural Posture
Employment and Labour Petition / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the Employment and Labour Relations Court can review or set aside a judgment delivered by another judge of concurrent jurisdiction.
- 2 Whether the application to set aside the judgment was filed without undue delay.
- 3 Whether conservatory orders suspending the implementation of the judgment should be granted.
Ratio Decidendi
The court held that it lacked jurisdiction to review or set aside the judgment delivered by another judge of concurrent jurisdiction (Abuodha J.) in ELRC Cause No. E259 of 2023, as the said judge was still stationed at Nairobi. The court further found that the application was filed after an inordinate delay, being more than a year after the judgment was delivered. In light of these findings, the court determined that the appropriate course was to refer the matter to the Principal Judge of the Employment and Labour Relations Court for administrative directions, rather than grant the substantive orders sought by the applicant.
Court Disposition
Application referred to Principal Judge for directions; no substantive orders granted.
Orders
- Matter is referred to the Principal Judge, ELRC for directions.
Full Case Text
Judgment text and source record
21 paragraphs
Ngugi & another v Kenya Airports Authority & another (Employment and Labour Relations Petition E036 of 2023) [2023] KEELRC 3316 (KLR) (20 December 2023) (Ruling)
Neutral citation: [2023] KEELRC 3316 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Employment and Labour Relations Petition E036 of 2023
MN Nduma, J
December 20, 2023
Between
Sylvester Kamau Ngugi & another
Petitioner
and
Kenya Airports Authority & another
Respondent
Ruling
1. The applicant in the notice of motion dated February 28, 2023 seeks an order in the following terms:-a.Spentb.That pending the hearing and determination of the application, or petition and or further orders of this Honourable Court, a conservatory orders does issue suspending and or staying the implementation of the award and or decree from the judgment of this Honourable Court delivered in ELRC Cause No. E259 of 2022, on 7th January, 2023. c.That Honourable Court be pleased to set aside the judgment delivered on January 17, 2023 in ELRC Cause No. E259 of 2022d.That costs of the application be provided for
2. The application is premised on grounds 1 to 21 set out on the face of the Notice of Motion and buttressed in the supporting affidavit of the 1st petitioner/applicant the crux of which in this Petition is the contents of the judgment of the court per Abuodha J. delivered on 17th January 2022 in ELRC Civil No. E259 of 2023. Justice Abuodha J. is a sitting judge of E&LRC at Nairobi, where this matter was filed.
3. The court having considered the prayers sought in this application is of the considered view and finding that this court cannot sit on review and or appeal of the determination of a brother judge in ELRC Cause No. E259 of 2023 while that other judge is still stationed at Nairobi.
4. The court however notes that the application is visited by inordinate delay having been filed more than a year from when the judgment of the court was delivered by Abuodha J. on January 17, 2023.
5. Having said that, the court considers that this is an appropriate matter for an administrative direction of the Principal Judge of the court.
6. Accordingly, matter is referred to the Principal Judge, ELRC for directions.
DATED AND DELIVERED AT NAIROBI THIS 20TH DAY OF DECEMBER, 2023MATHEWS N. NDUMAJUDGE