[2014] KEELRC 155 (KLR)
The court found that it had erred by delivering judgment against parties who had already been substituted out of the suit by a consent order dated 15th March 2010. This procedural oversight brought the matter within the scope of Rule 32 of the Industrial Court (Procedure) Rules 2010 and Section 16 of the Industrial...
Source-derived case information.
- Citation
- [2014] KEELRC 155 (KLR)
- Parties
- Applicant: Patrick Nyakundi; Applicant: Christopher Ongoto; Respondent: Kenya National Union of Teachers (KNUT Headquarters); Respondent: Kenya National Union of Teachers (Kisii Branch)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1902 of 2011
- Procedural Posture
- Review Application / Ruling on Review Applications Post Judgment
- Outcome
- review granted; judgment set aside in part; further evidence to be taken; no order as to costs
- Judges
- AN Makau
- Legal Topics
- Review of Judgment, Substitution of Parties, Procedural Error
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Nyakundi
Applicant
Christopher Ongoto
Applicant
Kenya National Union of Teachers (KNUT Headquarters)
Respondent
Kenya National Union of Teachers (Kisii Branch)
Respondent
Procedural Posture
Review Application / Ruling on Review Applications Post Judgment
Legal Issues
- 1 Whether the judgment delivered on 10th January 2014 was made in error by failing to consider the substitution of parties as per the consent order of 15th March 2010.
- 2 Whether the judgment should be reviewed under Rule 32 of the Industrial Court (Procedure) Rules 2010 and Section 16 of the Industrial Court Act.
Ratio Decidendi
The court found that it had erred by delivering judgment against parties who had already been substituted out of the suit by a consent order dated 15th March 2010. This procedural oversight brought the matter within the scope of Rule 32 of the Industrial Court (Procedure) Rules 2010 and Section 16 of the Industrial Court Act, which empower the court to review its own decisions in the interest of justice. The court therefore set aside the judgment to the extent that it affected the substituted parties, directed that evidence not previously adduced by Mr. Christopher Ongoto be taken, and ordered that judgment would be rendered against the correct respondents after such evidence is received....
Court Disposition
review granted; judgment set aside in part; further evidence to be taken; no order as to costs
Orders
- The judgment of 10th January 2014 is reviewed to the extent that it affected substituted parties.
- Evidence not previously adduced by Mr. Christopher Ongoto shall be taken.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI
CAUSE NO. 1902 OF 2011
PATRICK NYAKUNDI
CHRISTOPHER ONGOTO…………………...………………..………CLAIMANTS
versus
KENYA NATIONAL UNION OF TEACHERS (KNUT HEADQUARTERS)
KENYA NATIONAL UNION OF TEACHERS (KISII BRANCH)……RESPONDENTS
RULING
The matter before me are two Applications dated 18th February 2014 and 20th January 2014 which seek a review of the judgment made on 10th January 2014. The said Applications are supported by Memoranda of Review and the supporting Affidavits of the Claimants herein.
The case made out is that the Judgment made herein was made without consideration of a consent order made in the High Court before Sitati J. wherein the 1st to 6th Respondents in the previous suit HCCC 209 of 2006 and 210 of 2006 which had been consolidated were substituted by the present Respondents. The Claimants have demonstrated that vide a consent order dated 15th March 2010 the Application seeking to amend the Plaint was allowed which saw the striking out of the names of the 1st to 6th Respondents in the suit.
The Court made an error in overlooking the substitution of parties since the Claim was found deficient in respect of the suit against the officials who had been removed. The Judgment of 10th January 2014 was therefore against parties who were no longer part of the suit. The 1st to 6th Respondents had been substituted by the order aforesaid. Proceeding to find as the Court did was erroneous thus bringing the Judgment within the purview of Rule 32 of the Industrial Court (Procedure) Rules 2010. In view of the provisions of Rule 32 and Section 16 of the Industrial Court Act which were cited by Mr. Owuor counsel for Mr. Ongoto, the Court ex debito justitiaereviews the Judgment to the extent that the evidence that had not been adduced by Mr. Christopher Ongoto be adduced and a date for judgment be set after the said evidence is taken. The Judgment of the Court will be against the two Respondents Kenya National Union of Teachers (Headquarters) and Kenya National Union of Teachers Kisii Branch.
There will be no order as to costs as the error was on the part of the Court.
Orders accordingly.
Dated and delivered at Nairobi this 5th day of May 2014
Nzioki wa Makau
JUDGE