Patrick Njuguna Kariuki v Del Monte (K) Limited [2013] KEELRC 616 (KLR)
The bottom line
#Delmonte Kenya lost its bid to freeze a Kshs.8.8 million award because a court cannot reconsider the same stay request twice, especially once the Court of Appeal is involved.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court could entertain a fresh stay application on the same facts already determined by the trial judge
The application was not couched as a review under Rule 32 and raised no review grounds; the Court could not revisit its own ruling, so the application failed on this point alone.
All issues - arguability of the appeal, nugatory effect and balance of convenience - had been raised and determined in the ruling of 17th December 2012. The fresh application sought the same relief on the same facts without invoking the limited review grounds of new evidence, error apparent on the face of the record, breach of written law or other sufficient reasons. A court cannot sit on appeal from its own decision, and granting the application would give the Applicant a second bite at the cherry.
Whether the Court had jurisdiction to grant stay pending a similar application in the Court of Appeal
The Court had no such jurisdiction: the filing of the application in the Court of Appeal pre-empted the trial court's jurisdiction, and neither the Industrial Court Act 2011 nor the Rules made provision for stay pending a Court of Appeal application.
Once the Applicant presented its stay application to the Court of Appeal, the trial court's jurisdiction was immediately pre-empted and the Court had to await the outcome there. Further, no appeal had yet been lodged, and the Industrial Court Act 2011 and the Court's Rules contained no provision empowering the Court to grant stay pending an application in the Court of Appeal. The inherent jurisdiction issue did not need to be canvassed given the express provisions already canvassed before the trial judge.
Legal principles established
#- A court may only review its own decision on the limited grounds set out in Rule 32(1) of the Industrial Court (Procedure) Rules 2010, and cannot sit on appeal from its own decision.
- Once an application for stay is filed in the Court of Appeal, the jurisdiction of the trial court over the same subject matter is pre-empted.
Court orders
#- 1.The application dated 7th January, 2013 is dismissed with costs.
- Jurisdiction invoked
- Industrial Court Act, 2011 and Industrial Court (Procedure) Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Patrick Njuguna Kariuki v Del Monte (K) Limited [2013] KEELRC 616 (KLR)", Case Analysis (2013). Notice of motion dated 7th January 2013 (Civil Application No. Nai. 41 of 2013 (UR41/2013) pending in the Court of Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/616/eng@2013-07-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.