Kenya County Government Workers Union v Kisumu County Assembly Public Service Board [2014] KEELRC 1464 (KLR)

The court identified the alleged new evidence as the fact that rationalization took place before the applicants were constituted, and held that what was expected was the staff rationalization report itself. Since no such report was exhibited, the ground of discovery of new and important matter or evidence under Rule 32(a) of the Industrial Court (Procedure) Rules was not made out.

The court had already determined the distinction between the County Government and the County Assembly Service Board in its ruling at pages 9 to 11. Revisiting that determination would amount to an appeal against one's own decision, which review does not permit. Further, the ruling did not finalize the suit, as it directed that recruitment precede staff rationalization, so there was nothing else to review.

The applicants had argued that the court issued final orders including costs without hearing the entire suit. The court acknowledged an error on the record regarding costs, reviewed that specific aspect, and directed that the respondents pay the costs of the application, while refusing all other relief sought in the review.