Leonard Gethoi Kamweti v National Bank of Kenya Limited & 2 others [2015] KEELRC 414 (KLR)
The bottom line
#Kenya's Employment Court confirmed it can review its own rulings when they rest on a mistake, striking out evidence restrictions based on an injunction that never existed.
What this practically means
#Executive summary
#Key legal issues
#Effect of the High Court transfer ruling of Ougo J on the existence of an injunction
The High Court gave no injunction and did not confirm or extend the exparte orders; it declined jurisdiction and transferred the suit to the Industrial/ELRC, leaving the merits to that court.
On examining Ougo J's ruling, the court found she distanced herself from the merits of the application and held the Industrial Court the proper forum. No injunctive orders were given or extended. The court therefore concluded its earlier assumption that an injunction existed was an error reviewable on application.
Whether the 7/5/2015 ruling excluding evidence should be reviewed
Yes; the portion of paragraph 9 of the ruling excluding certain evidence was struck out as founded on a non-existent injunction.
Since the purported injunction in HCCC No. 370/2014 did not exist, the basis for excluding the evidence from the amended plaint fell away. The court exercised its review power to correct the error in its own ruling of 7/5/2015.
Legal principles established
#- A court has authority to correct its own error where it wrongly assumed that another court had granted injunctive orders
Court orders
#- 1.The orders given in the ruling of 7/5/2015 are reviewed and the ruling corrected by striking out the portion of paragraph 9 stating that certain evidence granted in High Court case No. 1655/2014 would not be introduced in the amendment
- 2.Costs of the application to be in the course
- On appeal from
- null
- null
- Jurisdiction invoked
- Review jurisdiction of the court over its own orders; underlying dispute transferred from the High Court under Section 12(3) of the Industrial Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Leonard Gethoi Kamweti v National Bank of Kenya Limited & 2 others [2015] KEELRC 414 (KLR)", Case Analysis (2015). ELRC Cause No. 1965 of 2014 (formerly HCCC No. 370 of 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/414/eng@2015-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.