Annastacia Wangui Waweru v Mamba Group of Hotels [2016] KEELRC 899 (KLR)
The bottom line
#A Kenyan employment court refused to overturn its judgment, ruling the company existed when sued and no genuinely new evidence justified a review.
What this practically means
#Executive summary
#Key legal issues
#Whether the judgment was based on a non-existent entity
The suit was properly instituted against an existing company since incorporation on 21st March 2014 preceded filing on 26th March 2014
The court observed the suit was filed on 26th March 2014, after the company's incorporation on 21st March 2014. Further, the Respondent had admitted in its defence filed on 24th April 2014 that the Claimant was its employee, and a director signed correspondence on its behalf in 2013, holding itself out as the employer. The suit therefore could not be against a non-existent entity and the judgment was not defective.
Whether review under Rule 32 was merited
No new and important matter was discovered; the fact of registration was within the applicant's knowledge from the time suit was filed, and there was lack of due diligence
Rule 32 permits review on discovery of new and important matter not known despite due diligence, error apparent on the face of the record, breach of written law, need for clarification, or other sufficient reasons. The incorporation date was known to the applicant from filing, the application came over 2.5 months after judgment without due diligence, and nothing significant turned on it. The application was an unnecessary waste of judicial time.
Legal principles established
#- A review lies only on discovery of new and important matter or evidence not within the applicant's knowledge despite due diligence, or on the other grounds in Rule 32 of the Industrial Court (Procedure) Rules 2010
- An entity sued is not non-existent where it was incorporated before the date of filing of the suit
Court orders
#- 1.The Respondent's Notice of Motion dated 16th December 2015 seeking review of the judgment of 29th September 2015 is dismissed
- 2.Costs of the application awarded to the Claimant/Respondent
- Jurisdiction invoked
- Section 16 of the Industrial Court Act and Rule 32 of the Industrial Court (Procedure) Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Annastacia Wangui Waweru v Mamba Group of Hotels [2016] KEELRC 899 (KLR)", Case Analysis (2016). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/899/eng@2016-05-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.