Eden Robinson Odhiambo v Board of Trustees Tourism Fund (Petition 100 of 2015) (Employment and Labour) [2018] KEELRC 621 (KLR)
The bottom line
#Kenya's Employment Court dismissed a worker's petition because he was already pursuing the same claims through a regular employment case.
What this practically means
#Executive summary
#Key legal issues
#Applicability of amended section 62(1) of the Anti-Corruption and Economic Crimes Act
The Court could not revisit the question, having already held in its 22 December 2015 ruling that the amendment did not apply retrospectively
The substratum of the Amended Petition was the legality of suspension beyond 24 months. The Court (Nzioki wa Makau J) had already dealt substantively with that question in its ex tempore ruling of 22 December 2015. Revisiting the constitutionality of the section and its application would amount to the Court sitting on appeal on its own prior decision, which it declined to do.
Alteration of terms of service/constructive dismissal
The claim belonged to the statutory employment jurisdiction in pending Cause No. 2172 of 2016, not the constitutional jurisdiction, and raising the same issues in the Petition was an abuse of process
The Petitioner had admitted filing Nairobi Cause No. 2172 of 2016 alleging alteration of terms of employment, which was still pending. Following Harrikissoon and Benard Murage, the Court held that where a statutory remedy exists it should be pursued first. Raising the same questions in the Petition on the same facts was abusive of court process.
Legal principles established
#- A court should not revisit a question it has already determined; doing so would be sitting on appeal on its own decision
- Where an alternative statutory remedy exists, it should be pursued before invoking the constitutional jurisdiction
Court orders
#- 1.The Petition be dismissed with costs to the Respondent
- Jurisdiction invoked
- Constitutional petition under Articles 30, 47 and 50 of the Constitution; Employment and Labour Relations Court jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Eden Robinson Odhiambo v Board of Trustees Tourism Fund (Petition 100 of 2015) (Employment and Labour) [2018] KEELRC 621 (KLR)", Case Analysis (2018). Petition (moved by motion dated 15 December 2015; cause number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/621/eng@2018-11-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.