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Court of AppealDismissedCivil Appeal 315 of 2015· [2022] KECA 534 (KLR)

Kenya Agricultural Research Institute v Kariuki & 16 others

Court of Appeal
28 April 2022
5,375 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~22 min to read original · ~4 min brief

The bottom line

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The Court of Appeal refused to reverse its own award of KShs.350,000 to 17 former employees, confirming that asking it to review its judgment rarely works.

What this practically means

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Executive summary

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This ruling of the Court of Appeal at Nakuru (Nambuye, Sichale and ole Kantai, JJ.A.) determines a notice of motion dated 30th January 2019 by the Kenya Agricultural Research Institute seeking review, setting aside and/or rescission of the Court's own judgment of 21st December 2018 in the second appeal, in which the Court had allowed the respondents' cross-appeal and awarded each cross-appellant KShs.350,000 as compensation for violation of constitutional rights. The applicant argued that the cross-appeal was barred by the doctrine of election (the respondents having first sought review and then appealed), that the Court was bound by pleadings containing no prayer for compensatory relief, and that the two judgments in the first and second appeals were contradictory, undermining the rule of law. The respondents countered that the competence of the cross-appeal had already been determined in the second appeal, that the Court's review jurisdiction under Benjoh Amalgamated is exceptional, and that the proper remedy for an erroneous conclusion of law was an appeal to the Supreme Court. The Court affirmed that it has residual jurisdiction to review its own decisions but only in exceptional situations where the need to obviate injustice outweighs the principle of finality. It held that its mandate extends to reopening 'a matter', not 'matters', and that the applicant's submissions were in substance an invitation to re-sit on its own appeal. The application was dismissed with costs to the respondents.

Key legal issues

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01

Whether the Court of Appeal has power to review its own judgment

Holding

Yes - the Court has residual jurisdiction to review its decisions, as settled in Benjoh Amalgamated and subsequent cases, but it is exceptional and exercised with circumspection

Reasoning

The Court traced the jurisprudence from Nguruman, Benjoh, Standard Chartered Financial Services, Muktu Munge and Niels Bruel, concluding that although not explicitly conferred statutorily, a court of final resort has residual jurisdiction to reopen decided matters in cases of fraud, bias or other injustice, balancing the finality principle against the justice principle.

p. 7
02

Whether the applicant met the threshold for review

Holding

No - the applicant's grounds amounted to an invitation to revisit the merits and reasoning of both appeals, which would be re-sitting on its own appeal, not a review

Reasoning

The Court distilled three prerequisites from Standard Chartered: reopening a concluded matter (singular), interests of justice of all parties, and injustice outweighing finality. The applicant's submissions sought to displace the reasoning in the second appeal using the first appeal's conclusions, and the parties were polarized over the award rather than addressing the overriding injustice/finality balance.

p. 9

Legal principles established

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  • The Court of Appeal has residual jurisdiction to review and reopen its own concluded decisions, exercisable only in exceptional situations where the need to obviate injustice outweighs the principle of finality in litigation
  • The review jurisdiction is limited to reopening 'a matter', not 'matters', and cannot be used to revisit conclusions in a different, related appeal
  • A party cannot use the review jurisdiction to invite the Court to sit on appeal over its own decision; the remedy for an erroneous conclusion of law is an appeal to the Supreme Court

Court orders

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  1. 1.The notice of motion dated 30th January 2019 seeking review, setting aside and/or rescission of the order allowing the cross-appeal and awarding KShs.350,000 for each cross-appellant is dismissed
  2. 2.Costs of the application awarded to the respondents
On appeal from
Court of Appeal at Nakuru (the court's own judgment of 21st December 2018, arising from the High Court/Industrial Court judgment of B. Ongaya, J. dated 3rd May 2013)
Nakuru Industrial Court Petition No. 2 of 2013
Jurisdiction invoked
Rules 42 and 57(2) of the Court of Appeal Rules, section 3B(a) of the Appellate Jurisdiction Act, Articles 27(1) and 50(1) of the Constitution; residual jurisdiction to review its own decisions as crystallized in Benjoh Amalgamated

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Agricultural Research Institute v Kariuki & 16 others", Case Analysis (2022). Civil Appeal 315 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/534/eng@2022-04-28

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.