Richard Ombwayo Nerima v Attorney General & 2 others [2014] KEELRC 93 (KLR)
The bottom line
#A former police officer lost his bid to force reinstatement because he used the wrong court process, filed too late, and never appealed the original ruling.
What this practically means
#Executive summary
#Key legal issues
#Appropriateness of judicial review as relief
Judicial review is not appropriate relief against a party aggrieved by a judgment of a court of competent jurisdiction; the correct course was an appeal.
The Applicant's dispute had already been litigated and determined in Civil Case No. 6935 of 2004, in which judgment was entered in his favour. Dissatisfied only with the adequacy of payment, he did not appeal but instead filed a judicial review application seven years later, which the court held to be the wrong remedy and an abuse of process.
Time limitation for judicial review
Even if judicial review were appropriate, the application was filed more than seven years after the decision, well outside the six-month limit.
The judgment of Hon. P. Wekesa was delivered on 14th July 2006. The Applicant filed the judicial review application on 27th January 2014, over seven years later, far beyond the six-month window, rendering the application bad in law and an abuse of the process of the court.
Res judicata
Having filed no appeal against the decision of Hon. P. Wekesa, the Applicant could not re-litigate the issues in another court of competent jurisdiction.
The Chief Magistrate's Court had determined the claim for terminal dues, awarding notice pay and leave pay, dismissing the pension and travelling allowance claims. The Applicant neither appealed nor sought review; the issues raised in the judicial review application were therefore res judicata and could not be revisited afresh.
Legal principles established
#- Judicial review is not the appropriate remedy against a party aggrieved by a judgment of a court of competent jurisdiction
- A judicial review application must be brought within six months of the impugned decision
- Failure to appeal a judgment renders the matter res judicata
Court orders
#- 1.The judicial review application is dismissed with costs
- 2.A declaration that the matter is res judicata and the issues raised cannot be visited afresh by another court of competent jurisdiction
- Jurisdiction invoked
- Leave to apply for judicial review granted by Korir, J. on 19th September, 2013 (order of mandamus under the law of judicial review)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Richard Ombwayo Nerima v Attorney General & 2 others [2014] KEELRC 93 (KLR)", Case Analysis (2014). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/93/eng@2014-12-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.