George Nyabira Nyatama & 3 Others v Gusii Mwalimu Co-Operative Savings & Credit Society Ltd [2013] KEELRC 693 (KLR)
The bottom line
#Kenya's Industrial Court dismissed workers' bid to reopen a judgment, confirming that review requires new evidence or a clear error, not just disagreement with the outcome.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction to review the court's own judgment
The court has jurisdiction to hear the review application, being expressly conferred by Section 16 of the Industrial Court Act 2011 and Rule 32 of the Industrial Court (Procedure) Rules 2010
Section 16 of the Industrial Court Act 2011 empowers the court to review its judgments, awards, orders or decrees in accordance with the Rules. Rule 32(1) sets out the grounds for review, and Rule 32(2) directs that applications on grounds (b) to (e) be made to the judge who passed the decree. The application was therefore properly before the court.
Whether grounds for review under Rule 32(1) were established
No discovery of new and important matter or evidence, no mistake or error apparent on the face of the record, and no other sufficient reason was demonstrated; the application was not merited and was dismissed
The claimants contended the three-year reinstatement window under Section 12(3)(vii) ran from October 2011 since salaries were paid to September 2011. The court held this was no error: the claimants had been served with retirement notices on 30.11.2010, and the six months' salary paid thereafter was a gesture of appreciation, not a renewal of employment. Matters known at the time of judgment could not ground review.
Legal principles established
#- The Industrial Court has power to review its own judgments, awards, orders or decrees in accordance with the Industrial Court (Procedure) Rules 2010
- A party who seeks to revisit issues decided in a judgment, absent new evidence or error on the face of the record, must pursue an appeal; a court cannot sit on appeal over its own judgment
Court orders
#- 1.The application for review is dismissed
- Jurisdiction invoked
- Section 16 of the Industrial Court Act 2011 and Rule 32 of the Industrial Court (Procedure) Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "George Nyabira Nyatama & 3 Others v Gusii Mwalimu Co-Operative Savings & Credit Society Ltd [2013] KEELRC 693 (KLR)", Case Analysis (2013). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/693/eng@2013-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.