Railways and Allied Workers Union v Rift Valley Railways (K) [2014] KEELRC 246 (KLR)
The bottom line
#A Kenyan employer failed to stop execution of a Kshs.658,000 employment award because it never appealed or reviewed the original decision in time.
What this practically means
#Executive summary
#Key legal issues
#Whether ex parte orders of 12th June 2014 should be set aside on grounds of non-service and counsel's mis-diarisation
The application was dismissed; the 12th June 2014 order merely computed the final award of 11th September 2011 in the absence of any contrary filing by the Respondent, and no appeal or review of the award was ever lodged
The court found that the only issue finalized on 12th June 2014 was computation of the earlier award of Kosgei J., which the court confirmed at Kshs.658,000/= in terms of the Claimant's computation since the Respondent filed nothing contrary. The Respondent never filed a notice of appeal nor applied for review since 11th September 2011, so the issues were res judicata. Moreover, the matters were raised by a company secretary without personal knowledge of the advocate's alleged errors.
Admissibility of the supporting affidavit
The affidavit of Rebecca Mbithi deponing to the advocates' alleged errors was inadmissible hearsay
The errors of mis-diarising the mention date were allegedly committed by the advocates on record, yet the affidavit was sworn by the company secretary who had no personal knowledge of those facts. The court held that the advocate ought to have placed those facts before the court on affidavit, and that a third party's second-hand account could not be the basis of setting aside the court's order.
Legal principles established
#- An appeal against an award of the Industrial Court must be noted within 14 days from the date of the order or award, and failure to appeal or seek review renders the computed award final and executable
- A deponent without personal knowledge of an advocate's errors cannot swear an affidavit on those matters; such evidence is inadmissible hearsay
Court orders
#- 1.The application dated 8th July 2014 seeking stay of execution and setting aside of the orders of 12th June 2014 is dismissed with costs to the Claimant/Respondent
- Jurisdiction invoked
- Original employment and labour relations jurisdiction of the Industrial Court; application under the court's rules for stay of execution, review and setting aside of orders
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Railways and Allied Workers Union v Rift Valley Railways (K) [2014] KEELRC 246 (KLR)", Case Analysis (2014). Not stated in the excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/246/eng@2014-09-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.