Samwel Njega & 21 others v Inspector General of Police & another [2016] KEELRC 1735 (KLR)
The bottom line
#Kenya's Employment Court ruled a withdrawn case doesn't block a new one, allowing 22 police officers to challenge their transfers.
What this practically means
#Executive summary
#Key legal issues
#Whether the prior proceedings in ELRC Petition No. 10 of 2015 rendered this petition res judicata
Res judicata does not apply because the earlier petition was withdrawn before hearing and determination, the transfers having been rescinded and the grievances addressed
The court accepted that the issues in dispute had been the subject of Petition No. 10 of 2015, in which the transfers were rescinded on 18th March 2015 and the suit withdrawn before Justice Nzioki wa Makau on 20th April 2015. However, because a withdrawn suit is not one heard and determined on the merits, the plea of res judicata fails. The court noted the petitioners did not disclose these material facts, but this did not justify upholding the objection.
Whether the authorities cited by the respondents supported the preliminary objection
The authorities cited were not on point and did not assist the respondents
The court briefly considered the respondents' submissions and authorities and found them inapplicable to the circumstances of the petition, without detailed analysis, before declining to uphold the preliminary objection.
Legal principles established
#- Res judicata does not arise where a prior suit was withdrawn and not heard and determined on the merits
Court orders
#- 1.The preliminary objection is not upheld
- 2.The petition may proceed to hearing on merits
- Jurisdiction invoked
- Article 162(2) of the Constitution (employment and labour relations jurisdiction of the Employment and Labour Relations Court); petition under the Bill of Rights
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samwel Njega & 21 others v Inspector General of Police & another [2016] KEELRC 1735 (KLR)", Case Analysis (2016). Petition No. 66 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1735/eng@2016-02-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.