Kenya Union Of Domestic Hotels,Educational Institutions,Hospitals & Allied Workers v Impala Club [2014] KEELRC 1156 (KLR)
The bottom line
#A Kenyan employment court refused to reopen its earlier judgment, confirming that review only fixes clear errors, not outcomes you simply dislike.
What this practically means
#Executive summary
#Key legal issues
#Whether the grounds for review under Rule 32 were satisfied
The grounds were not satisfied; the documents were within the claimant's knowledge and no error apparent on the face of the record was shown
The court held that as a trade union party to CBA negotiations and registration, the claimant could not credibly claim ignorance of any subsequent CBA. The cause of action arose before filing in 2010 and any new facts should have been raised by amendment, not review. The victimisation of three grievants was never pleaded, so introducing it through review would create a new cause of action.
Scope of the court's review jurisdiction
Review jurisdiction is limited and circumscribed by Rule 32; it is not a rehearing of an erroneous decision
The court undertook a judicial examination of the nature of review, distinguishing it from appeal. A review only lies for discovery of new and important matter, mistake or error apparent on the face of the record, breach of written law, need for clarification, or other sufficient reason. Elaborately going into evidence to reverse an order would amount to sitting in appeal without jurisdiction.
Legal principles established
#- Review is not an appeal in disguise; it lies only for patent error within the limited grounds of Rule 32 of the Industrial Court Procedure Rules
- New issues or incomplete pleadings cannot be introduced through review; the remedy is amendment of pleadings or a fresh cause of action
Court orders
#- 1.The review application filed on 14th June 2013 is dismissed
- 2.Each party to bear their own costs
- Jurisdiction invoked
- Section 16 of the Industrial Court Act and Rule 32 of the Industrial Court Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union Of Domestic Hotels,Educational Institutions,Hospitals & Allied Workers v Impala Club [2014] KEELRC 1156 (KLR)", Case Analysis (2014). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/1156/eng@2014-04-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.