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Court of AppealDismissedReference from decision of single judge arising from notice of motion dated 9th December 2020· [2025] KECA 1041 (KLR)

Gilgil Telcoms Industries Limited v Duncan Nderitu & 1 other

Court of Appeal of Kenya
5 June 2025
3,000 words in judgment
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The bottom line

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Kenya's Court of Appeal confirmed it will rarely overturn a single judge's decision settling a court order unless that decision was plainly wrong or reached through clear error.

What this practically means

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Executive summary

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This ruling of a full bench of the Court of Appeal at Nakuru (Warsame, Mativo and Gachoka JJ.A.) determines a reference under Rule 55(1)(b) of the Court of Appeal Rules, 2010 brought by Gilgiltelcoms Industries Limited seeking variation, discharge or reversal of a ruling by Karanja, JA sitting as a single judge, which settled the terms of an order to give effect to the Court's judgment of 4th November 2016 in an employment dispute over improved terms of service negotiated through the employees' union with Telkom Kenya Limited. The underlying appeal had partially succeeded: the declaratory order that respondents were entitled to benefits under revised terms of service was upheld, but the award of accrued salaries and house allowance arrears was set aside, with each party bearing its own costs. The applicant contended the settled order introduced a declaratory order not part of the final orders, amounting to a single judge varying a three-judge bench's orders. The full bench restated the threshold for interference on a reference: an applicant must show the single judge considered irrelevant factors, ignored relevant factors, erred seriously in law, or reached a plainly wrong decision. It found the single judge acted within her discretion and that the draft order faithfully reflected paragraphs 29 and 34 of the judgment. Applying the Firestone principles, the Court held judgments must be read contextually and as a whole, not paragraph by paragraph. The reference was dismissed with costs to the respondents. The decision affirms the sanctity of settled orders and the deference owed to a single judge's discretionary settlement of orders.

Key legal issues

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01

Threshold for interference on a reference under Rule 55(1)(b)

Holding

The applicant failed to demonstrate that the single judge took into account irrelevant factors, ignored relevant factors, or reached a plainly wrong decision; the reference fails.

Reasoning

The Court applied its own precedents (Benson Mbuchu Gichuki and Hezekiah Michoki) and Apungu Arthur Kibira, holding that a single judge's decision entails an exercise of discretion that must be exercised judicially. An applicant must show misdirection, serious error of law, manifest injustice or a plainly wrong decision. A detailed analysis showed the single judge examined the 2016 judgment extensively and correctly identified the definitive findings, so the threshold was not met.

p. 5
02

Whether the settled draft order faithfully embodies the 4th November 2016 judgment

Holding

The declaratory order on revised terms of service was a definitive finding in paragraph 29 of the judgment, unaffected by paragraph 34 which set aside only the accrued salaries and house allowance arrears award; the draft order accords with the judgment.

Reasoning

The Court held the applicant read only paragraph 34 in isolation, forgetting the principles of interpreting judgments. Read as a whole, paragraph 34 set aside only the computation of accrued salaries and house allowance arrears (special damages requiring pleading and proof), while the declaratory finding on the revised terms of service remained intact. The order as drafted accorded with paragraphs 29 and 34; describing the declaratory order as an introduction was a misreading.

p. 6

Legal principles established

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  • On a reference under Rule 55(1)(b), the full Court will interfere with a single judge's discretionary decision only if the discretion was exercised injudiciously, on a misdirection, on a serious error of law, or where the decision is plainly wrong
  • A court's judgment or order must be interpreted as a whole, by ascertaining the court's intention from its language in context, not by reading individual paragraphs in isolation
  • An order drawn up must be a faithful representation of the court's judgment

Court orders

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  1. 1.The applicant's notice of motion dated 9th December 2020 is dismissed
  2. 2.Costs of the reference awarded to the respondents
On appeal from
Court of Appeal of Kenya (single judge, Karanja JA)
Ruling dated 6th November 2020 on application dated 29th November 2018 under Rules 33 and 34 of the Court of Appeal Rules, 2010, arising from appeal judgment dated 4th November 2016 from High Court, Nakuru Civil Suit No. 165 of 2006
Jurisdiction invoked
Rule 55(1)(b) of the Court of Appeal Rules, 2010 (reference from decision of a single judge)

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, "Gilgil Telcoms Industries Limited v Duncan Nderitu & 1 other", Case Analysis (2025). Reference from decision of single judge arising from notice of motion dated 9th December 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1041/eng@2025-06-05

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