Kenya Union of Domestic Hotels, Educational Institutions, Hospitals and Allied Workers v Mary Immaculate Primary School [2014] KEELRC 1370 (KLR)
The bottom line
#A Kenyan employment court fixed a wrongly spelled name in its judgment but refused to reopen the dismissed unfair termination claim — a name error doesn't change the outcome.
What this practically means
#Executive summary
#Key legal issues
#Whether the misnomer in the judgment warranted review under rule 32(1) of the Industrial Court Rules
Yes - the name Michael Mwangi Nderitu was deleted and substituted with Michael Mwangi Ndungu wherever it appeared
The claim was about and for the grievant Michael Mwangi Ndungu, who testified in the case. Both parties agreed the judgment contained a name error. The court exercised its review power under rule 32(1) to correct the slip, confined strictly to the misnomer and without altering the substance of the findings.
Whether the court should go further and award terminal benefits to the correctly named grievant
No - the substantive judgment was left intact; the claim had properly been dismissed
The court revisited the record and confirmed that Michael Mwangi was the claimant's first witness and that it had evaluated all the evidence. It had found the claimant failed to satisfy section 47(5) of the Employment Act, 2007, and that the respondent demonstrated lawful reasons for summary dismissal. The name error did not taint those findings, so no ground existed to vary the final orders.
Legal principles established
#- A review may correct a clerical misnomer in a judgment where the correct person actually testified
- An error in a party's name alone does not open the substantive findings for variation on review
Court orders
#- 1.That 'Michael Mwangi Nderitu' is deleted wherever it appears in the judgment and substituted with 'Michael Mwangi Ndungu'
- 2.That each party to bear own costs of the application for review
- Jurisdiction invoked
- Rule 32(1) of the Industrial Court Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic Hotels, Educational Institutions, Hospitals and Allied Workers v Mary Immaculate Primary School [2014] KEELRC 1370 (KLR)", Case Analysis (2014). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/1370/eng@2014-10-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.