Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedNot stated in the judgment as provided· [2013] KEELRC 600 (KLR)

Kenya Game Hunting & Safari Workers Union v Galaxy Crocodile Ltd [2013] KEELRC 600 (KLR)

Industrial Court of Kenya
2 July 2013
1,543 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

#

Kenya's Industrial Court dismissed a bid to add leave, overtime and allowance claims to a redundancy award because those claims were never pleaded or proved in the original case.

What this practically means

#

Executive summary

#
The claimants applied by notice dated 23rd November 2012, under Rule 32 of the Industrial Court (Procedure) Rules and section 16 of the Industrial Court Act, seeking review of the court's award of 2nd November 2012 on redundancy dues. They complained that the award omitted leave days, overtime, wages arrears and acting allowance which had been computed by the District Labour Officer before the dispute was referred to the Minister for Labour, and that no redundancy benefits were paid to grievant Elly Otuoma, whose fixed term contract the court found had lapsed. The respondent was served on 31st May 2013 but filed no reply and did not attend the hearing on 13th June 2013. The court restated the classic grounds for review: discovery of new and important matter or evidence, error or mistake apparent on the face of the record, or any other sufficient reason. It held that these grounds apply only where no appeal has been preferred, since a good ground of appeal is not necessarily a good ground of review, and that a misconstruction of the law is not a ground for review. The court found the original judgment had framed only two issues - reinstatement and the fairness of the redundancy - and decided them on the pleadings and evidence. Any overtime, leave or acting allowance dues arose at termination and were not new evidence; they had to be specifically pleaded and proved, and the supporting record was not attached. No evidence established that Otuoma was on a monthly contract. The application was dismissed with no orders as to costs.

Key legal issues

#
01

Whether the omission of leave, overtime and acting allowances from the award constituted an error apparent on the face of the record

Holding

No - these matters were not issues before the court in the original proceedings, so their omission was not an error on the record.

Reasoning

The court examined the 2nd November 2012 judgment, which had framed only two issues: reinstatement and unfairness of the redundancy. The judge decided on the pleadings and evidence presented. Whether the matter had passed through the District Labour Officer in Kerugoya or a Reconciliator was not an issue before the court. Dues not pleaded or proved cannot be introduced after judgment as purported errors.

p. 3
02

Whether the dues constituted new and important matter or evidence

Holding

No - any such dues arose at termination and were not new at the time of filing the claim; the supporting record was not even attached to the claim.

Reasoning

For new and important evidence to justify review, it must not have been within the party's possession when the matter was heard. Overtime, leave and acting allowance claims existed at termination and could have been pleaded and proved then. The record now relied on was not attached to the claim, and the court declined to disturb the judge's findings.

p. 3
03

Whether the finding on Elly Otuoma's contract was erroneous

Holding

No - no evidence of a month-to-month or ongoing contract was attached to the review application, so the original finding stands.

Reasoning

The original court found Otuoma's fixed term contract had lapsed and therefore awarded him no redundancy dues. The party asserting he was on a monthly contract bore the duty to place that evidence before the court. No such evidence accompanied the review application, so the award could not be faulted on this ground either.

p. 3

Legal principles established

#
  • The grounds for review are discovery of new and important matter or evidence, an error or mistake apparent on the face of the record, or any other sufficient reason, and these apply only where the aggrieved party has not preferred an appeal.
  • A misconstruction or erroneous interpretation of the law is not a good ground for review; it is a ground of appeal.
  • A court decides a matter on the record and evidence before it and cannot introduce new claims or evidence outside its jurisdiction.
  • Claims such as overtime, leave and acting allowances must be specifically pleaded and proved in evidence.

Court orders

#
  1. 1.The application for review dated 23rd November 2012 is dismissed for lack of merit
  2. 2.No orders as to costs

Authorities

#

Legislation

  • Industrial Court (Procedure) RulesRule 32
  • Industrial Court Actsection 16
  • Employment Actsection 40
Jurisdiction invoked
Rule 32 of the Industrial Court (Procedure) Rules and section 16 of the Industrial Court Act (review jurisdiction)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kenya Game Hunting & Safari Workers Union v Galaxy Crocodile Ltd [2013] KEELRC 600 (KLR)", Case Analysis (2013). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/600/eng@2013-07-02

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