[2017] KEELRC 1694 (KLR)
The court held that the claimant's application did not meet the legal requirements for a review of judgment. The application was, in substance, an attempt to have the court reconsider its own decision on the merits, which is not the purpose of a review. The court emphasized that review is only available in limited...
Source-derived case information.
- Citation
- [2017] KEELRC 1694 (KLR)
- Parties
- Applicant: Nicholas Kipkemoi Korir; Respondent: Hatari Security Guards Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1840 of 2015
- Procedural Posture
- Review Application / Ruling on Application for Review of Judgment
- Outcome
- application dismissed with costs
- Judges
- DI Wasike
- Legal Topics
- Review of Judgment, Grounds for Review, Appeal Vs Review, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Nicholas Kipkemoi Korir
Applicant
Hatari Security Guards Limited
Respondent
Procedural Posture
Review Application / Ruling on Application for Review of Judgment
Legal Issues
- 1 Whether the claimant's application meets the legal threshold for review of judgment under the Employment and Labour Relations Court rules.
- 2 Whether the court can declare its own previous judgment unfair and illegal through a review application.
Ratio Decidendi
The court held that the claimant's application did not meet the legal requirements for a review of judgment. The application was, in substance, an attempt to have the court reconsider its own decision on the merits, which is not the purpose of a review. The court emphasized that review is only available in limited circumstances, such as discovery of new evidence or error apparent on the face of the record, none of which were demonstrated by the claimant. The court further stated that it cannot declare its own judgment unfair or illegal through a review application; such a challenge must be pursued through the appellate process. Accordingly, the application was found to be without merit...
Court Disposition
application dismissed with costs
Orders
- The claimant's application for review is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF
KENYA AT NAIROBI
CAUSE 1840 OF 2015
NICHOLAS KIPKEMOI KORIR………..……….......……………..CLAIMANT
VERSUS
HATARI SECUIRTY GUARDS LIMITED……….............…......RESPONDENT
RULING
1. The claimant herein seeks review of the court’s judgement delivered on 17th June, 2016.
2. The rules of the court are quite clear on the circumstances under which a court can review its judgement. An applicant for review must not invoke the provisions for review while in essence he seeks a second hearing of the dispute by the same Judge or Judge of concurrent jurisdiction hoping the Judge can arrive at a different conclusion. That should be left for the appellate court.
3. In his memorandum of review, one of the reliefs sought is that I declare my own judgement unfair and illegal hence null and void. I cannot do that. If the claimant is of the view that I made an error in arriving at the decision I made then the proper course is to file an appeal.
4. The court therefore is of the view that the application as filed does not fit the parameters for which a review of judgement may be made.
5. The same is therefore found without merit and is dismissed with costs.
6. It is so ordered.
Dated at Nairobi this 3rd day of March, 2017
Abuodha J. N.
Judge
Delivered this 3rd day of March, 2017
In the presence of:-
……………………………………………………………for the Claimant and
………………………………………………………………for the Respondent.
Abuodha J. N.
Judge