Eunice Chebukkwa Wanjala v Kenya Commercial Bank Ltd [2016] KEELRC 1791 (KLR)
The bottom line
#Kenya's Employment Court dismissed a former banker's delayed lawsuit because the same issue had already been decided, and she hadn't disclosed that earlier case.
What this practically means
#Executive summary
#Key legal issues
#Res judicata
The Originating Summons is res judicata as the issue of extension of time/limitation was heard and determined in ELRC Cause No. 1150 of 2013 between the same parties
The court found the parties in both suits identical, the dispute being the alleged wrongful dismissal of the Claimant by the Respondent in 2004. The limitation issue was litigated and determined in Cause No. 1150 of 2013 by a Ruling delivered on 4th April 2014, which the Claimant did not appeal. Instead she filed a subsequent suit at the High Court on the same issue without disclosing the earlier proceedings, offending Sections 7 and 8 of the Civil Procedure Act.
Candour / clean hands
The Applicant did not approach the court with clean hands as she failed to disclose the existence and determination of Cause No. 1150 of 2013
In filing Misc. Application No. 509 of 2014 at the High Court, the Claimant did not disclose that the identical limitation issue had already been heard and determined in ELRC Cause No. 1150 of 2013. The court considered this non-disclosure materially misleading and found that the Applicant therefore did not come to court with clean hands, which weighed against entertaining the fresh application.
Legal principles established
#- A suit whose subject matter has already been heard and determined between the same parties is res judicata and the court lacks jurisdiction to entertain it again
- Section 4(1) of the Limitation of Actions Act bars actions founded on contract after six years
Court orders
#- 1.The entire suit is dismissed
- 2.Costs of the suit awarded to the Respondent
- On appeal from
- null
- null
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under its establishing statute; suit transferred from the High Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Eunice Chebukkwa Wanjala v Kenya Commercial Bank Ltd [2016] KEELRC 1791 (KLR)", Case Analysis (2016). ELRC Cause No. 1037 of 2015 (formerly HCC Misc. Application No. 509 of 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1791/eng@2016-01-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.