[2021] KEELRC 1016 (KLR)
The court held that it had merely endorsed the orders previously issued by Hon. Rika, J., which directed the parties to proceed to conciliation and report back to the court. Since Hon. Rika, J. remains a sitting judge at the Nairobi Employment and Labour Relations Court, there was no valid basis for another judge to...
Source-derived case information.
- Citation
- [2021] KEELRC 1016 (KLR)
- Parties
- Applicant: Transport Workers Union Kenya; Respondent: Apollo Tours and Travel Limited; Respondent: Public Transport Operators Union; Applicant: Intended Interested Party
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E694 of 2020
- Procedural Posture
- Review Application / Ruling on Application for Review of Court Orders
- Outcome
- application dismissed with costs
- Judges
- MN Nduma
- Legal Topics
- Review of Court Orders, Abuse of Court Process, Conciliation Procedure
- 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
Transport Workers Union Kenya
Applicant
Apollo Tours and Travel Limited
Respondent
Public Transport Operators Union
Respondent
Intended Interested Party
Applicant
Procedural Posture
Review Application / Ruling on Application for Review of Court Orders
Legal Issues
- 1 Whether the court can review or set aside orders previously issued by another sitting judge in the same court.
- 2 Whether the application for review constitutes an abuse of the court process.
Ratio Decidendi
The court held that it had merely endorsed the orders previously issued by Hon. Rika, J., which directed the parties to proceed to conciliation and report back to the court. Since Hon. Rika, J. remains a sitting judge at the Nairobi Employment and Labour Relations Court, there was no valid basis for another judge to review or set aside those orders in the absence of special circumstances, such as the unavailability of the original judge. The application for review did not disclose any such circumstances or new grounds, and was therefore found to be devoid of merit and an abuse of the court process. Consequently, the application was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application dated 5th March, 2021 is dismissed with costs.
- Parties to comply with the orders of Hon. Rika, J. and proceed to conciliation as previously directed.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT OF KENYA
AT NAIROBI
CAUSE NO. E694 OF 2020
TRANSPORT WORKERS UNION KENYA.............................................CLAIMANT
VERSUS
APOLLO TOURS AND TRAVEL LIMITED..............................1ST RESPONDENT
PUBLIC TRANSPORT OPERATORS UNION..........................2ND RESPONDENT
RULING
1. On 19th February, 2021, Hon. Rika J, made the following order which is on record.
“1. The matter was referred for conciliation by an Order of the Court given on 27th January, 2021, and fixed for mention on 7th June, 2021.
2. The application filed on 18th February, 2021 is made in abuse of the process of the Court.
3. Parties shall present all issues before the Conciliator, and only revert to this Court as ordered on 7th June, 2021.
2. The applicant filed an application dated 23rd February, 2021 and the duty judge, Hon. Maureen Onyango J, certified the matter urgent and referred the application for inter-parties hearing “before the Trial Court (Court No. 5) on 3rd March, 2021. ”
2. The application came before me on the 3rd March, 2021 for mention for directions when Mr. Rakoro for claimant/respondent; M/s Kimani for intended claimant; and Mr. Okonji for the 2nd respondent appeared before me.
3. Upon hearing the advocates present, the Court made the following orders:-
“The matter to go back to conciliation as directed by Rika, J. on 19/2/2021. Report of conciliator to be filed as directed on 7/6/2021. ”
4. The present application dated 5th March, 2021 seeks to have the court review its orders issued on 3rd March, 2021.
5. The Court merely endorsed the orders by Justice Rika, on record and did not make any further orders on that date. Hon. Justice Rika, is still a sitting judge at Nairobi Employment and Labour Relations Court, and there cannot be any valid basis for me to review and/or set aside orders issued by the Honourable Judge, unless there are special circumstances such as the Judge’s unavailability to deal with the matter which may permit me to do so.
6. The application for me to review the orders which simply stated that the parties adhere to the orders by Hon. Rika, J. is devoid of any merits at all. The same is an abuse of the Court process. Nothing stated in the Notice of Motion and or the supporting affidavit and submissions of the applicant changes the aforesaid view and finding by the Court.
7. The application is dismissed with costs.
DATED AND DELIVERED AT NAIROBI (VIRTUALLY) THIS 16TH DAY OF SEPTEMBER, 2021.
MATHEWS N. NDUMA
JUDGE
Appearances
Fenus Okonji Advocate for Applicant
Emily Kimani & Co. Advocates for intended interested party
Rakoro & Co. Advocates for Claimant/Respondent