Kenya Union of Employees of Voluntary & Charitable Organizations (KUEVACO) v De La Rue Currency & Security Print Limited (Cause 641 of 2010) [2014] KEELRC 455 (KLR)
The bottom line
#A Kenyan employment court declined to review an earlier ruling, telling the parties to argue their issues at the main hearing instead of through more preliminary applications.
What this practically means
#Executive summary
#Key legal issues
#Whether the application for review of the ruling of 15th November 2012 should be allowed
The court declined to make substantive findings on the review, directing instead that the issues raised be ventilated at the substantive hearing
The judge observed that the issues raised in the review application and the Claimant's response would be resolved if the case proceeded to full hearing with evidence called by the parties. Noting that the earlier ruling had already directed the matter to full hearing, the court considered that interlocutory applications which can be addressed at the hearing should be discouraged, as they cause delay and detract from substantive justice. Accordingly, the issues were referred to the trial.
Legal principles established
#- Interlocutory applications that can be resolved at the hearing should be discouraged to avoid delay and promote substantive justice
Court orders
#- 1.The issues raised in the application for review shall be raised in the substantive case during the hearing and/or in the final submissions
- 2.No substantive findings made on the application for review
- 3.Parties directed to fix the case for substantive hearing
- Jurisdiction invoked
- Inherent review jurisdiction of the court (grounds of errors apparent on the face of the record, need for clarification, and sufficient reasons for review)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Employees of Voluntary & Charitable Organizations (KUEVACO) v De La Rue Currency & Security Print Limited (Cause 641 of 2010) [2014] KEELRC 455 (KLR)", Case Analysis (2014). Application dated 20th June 2013 for review of a ruling delivered on 15th November 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/455/eng@2014-05-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.