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ELRCDismissedNot stated in judgment· [2014] KEELRC 35 (KLR)

Jacqueline Kwamboka v International Energy Technik Limited [2014] KEELRC 35 (KLR)

Industrial Court of Kenya (now Employment and Labour Relations Court)
10 December 2014
MNMathews N. Nduma
656 words in judgment
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The bottom line

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A Kenyan employment court refused to add interest to a money award because the claimant never asked for interest in their original court documents.

What this practically means

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Executive summary

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The Claimant applied under Section 16 of the Industrial Court Act 2011 and Rule 32(1) of the Industrial Court (Procedure) Rules 2010 for review of a judgment delivered by Hon. D.K. Njagi Marete on 4th March 2014, seeking interest at 14% per annum on the principal liquidated sum of Kshs.882,000.00 from 9th December 2012 until settlement, and interest on the compensation award of Kshs.126,000.00 and costs from the date of judgment. The Claimant argued that under Rule 28(3) of the Rules, interest on liquidated amounts claimed and awarded should be granted as if the suit were filed in the High Court, and that the trial judge's failure to address interest was an error justifying review, particularly given a pending Notice of Appeal and stay application. The Respondent opposed, contending that award of interest is discretionary and that the Claimant had not pleaded interest, relying on the Court of Appeal decision in Civil Appeal No. 219 of 1998 that parties are bound by pleadings. The court found that the trial judge did not address interest at all, but that this had to be read against the fact that no prayer for interest appeared in the Statement of Claim. Although the judge could have awarded interest suo moto under Rule 28(3), his failure to do so was not a ground for review. The court held that the law commands that a court does not award what has not been pleaded, dismissed the application and awarded costs to the Respondent.

Key legal issues

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01

Whether failure to award unpleaded interest is a reviewable error

Holding

The application for review fails because interest was never pleaded and the trial judge's omission to address interest cannot amount to an error apparent on the face of the record or a breach of written law.

Reasoning

The court reviewed the judgment of 4th March 2014 and found the issue of interest was not addressed at all. However, the Statement of Claim dated 9th December 2011 and filed on 13th December 2011 contained no prayer for interest. Since the claimant did not plead interest, the trial judge's failure to deal with it must be read in that context. Though the judge had discretion under Rule 28(3) to award interest suo moto, the failure to do so cannot constitute a ground for review under Rule 32(1).

p. 2

Legal principles established

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  • A court does not award relief that has not been pleaded; failure to award unpleaded interest is not a ground for review
  • Under Rule 28(3) of the Industrial Court (Procedure) Rules 2010, a trial judge retains discretion to award interest on a liquidated amount suo moto, but failure to exercise that discretion on unpleaded interest is not reviewable

Court orders

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  1. 1.The Application for review is dismissed
  2. 2.Costs to the Respondent

Authorities

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Legislation

  • Industrial Court ActSection 16
  • Industrial Court (Procedure) Rules 2010Rule 32(1)
  • Industrial Court (Procedure) Rules 2010Rule 28(3)

Cases cited (1)

  • Civil Appeal No. 219 of 1998 (Court of Appeal at Nairobi)
    Civil Appeal No. 219 of 1998
Jurisdiction invoked
Section 16 of the Industrial Court Act 2011 and Rule 32(1) of the Industrial Court (Procedure) Rules 2010 (review jurisdiction)

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, "Jacqueline Kwamboka v International Energy Technik Limited [2014] KEELRC 35 (KLR)", Case Analysis (2014). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/35/eng@2014-12-10

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