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 judgment· [2014] KEELRC 93 (KLR)

Richard Ombwayo Nerima v Attorney General & 2 others [2014] KEELRC 93 (KLR)

Employment and Labour Relations Court
5 December 2014
1,205 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

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

#
The Applicant, a former Police Officer employed by the Inspector General of Police in 1986 and summarily dismissed in 2003 following orderly room proceedings on allegations of receiving bribes and brandishing a rifle, sought an order of mandamus compelling the Inspector General to reinstate him or, in the alternative, pay terminal benefits comprising notice pay, leave pay and retirement benefits. Leave had been granted by Korir, J. in September 2013. The Applicant relied on a prior judgment in Nairobi Milimani Civil Case No. 6935 of 2004, in which the Chief Magistrate's Court awarded him Kshs.36,748.00 plus interest and costs for unlawful termination, and contended that the Attorney General, the National Assembly and other state offices had directed his reinstatement without compliance. The 3rd Respondent denied acting unlawfully, asserted the dismissal was proper and the decretal sum fully paid. The Court, per Mathews N. Nduma, Principal Judge, held that judicial review is not appropriate relief against a party aggrieved by a judgment of a court of competent jurisdiction; that the application, filed more than seven years after the 2006 judgment, exceeded the six-month limit; and that, no appeal having been filed against Hon. P. Wekesa's judgment, the matter was res judicata. The application was dismissed as bad in law and an abuse of the process of the court, with costs to the Respondents.

Key legal issues

#
01

Appropriateness of judicial review as relief

Holding

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.

Reasoning

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.

p. 4
02

Time limitation for judicial review

Holding

Even if judicial review were appropriate, the application was filed more than seven years after the decision, well outside the six-month limit.

Reasoning

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.

p. 4
03

Res judicata

Holding

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.

Reasoning

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.

p. 4

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. 1.The judicial review application is dismissed with costs
  2. 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.