Wilson Njau Huruko v Attorney General (being sued on behalf of the Government of Kenya, Ministry of Local Government) & another [2018] KEELRC 1287 (KLR)
The bottom line
#Kenya's Employment Court dismissed a worker's compensation claim because he had already lost a court case over the same termination.
What this practically means
#Executive summary
#Key legal issues
#Whether the claim is res judicata under Sections 7 and 8 of the Civil Procedure Act
Yes. The parties, subject matter and cause of action (revocation of the claimant's appointment as Government Representative to the Municipal Council of Thika) are the same as in JR Misc. Application No. 1 of 2011, which was finally determined by Warsame J.
The court noted it was not in contention that the claimant had previously filed judicial review proceedings over the same revocation, naming essentially the same parties (the AG and County Government of Kiambu now representing the same actors). Warsame J. had held the Minister had power to terminate the appointment, and that determination was the very foundation of the present employment claim. The court adopted the test in Karia v Attorney General and held that seeking different remedies does not evade res judicata.
Whether the court could entertain the claim despite the prior judicial review ruling given its concurrent jurisdiction with the High Court
No. Sitting on the same issue would amount to sitting on its own appeal; the prior determination bars the suit.
Relying on the Fizz Hotels decision, the respondent argued (and the court accepted) that this court has concurrent jurisdiction with the High Court's Judicial Review Division and cannot adjudicate afresh over an issue already heard and determined there. The claimant's argument that only certiorari was sought and no compensation was claimed in the JR proceedings did not avail, because res judicata extends to the same cause of action regardless of the form of relief.
Legal principles established
#- Litigants cannot litigate in instalments; a litigant must bring all claims arising from the same subject matter in one suit, and res judicata bars a second visit even if the prayers sought are different
- Res judicata applies where the parties are the same or litigating under the same title, the subject matter is the same, and the matter has been finally determined by a court of competent jurisdiction
Court orders
#- 1.The preliminary objection filed by the 1st respondent succeeds and is upheld
- 2.The claim filed by the claimant is dismissed with costs
- On appeal from
- High Court of Kenya at Nairobi, Judicial Review Division
- Misc. Application No. 1 of 2011
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act (court held it has concurrent jurisdiction with the High Court divisions and cannot re-open a matter already determined)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wilson Njau Huruko v Attorney General (being sued on behalf of the Government of Kenya, Ministry of Local Government) & another [2018] KEELRC 1287 (KLR)", Case Analysis (2018). Cause No. (not stated in judgment; suit filed 1st March 2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1287/eng@2018-08-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.