Nahason Ndiamae & 10 others v Registrar of Trade Unions & 2 others [2018] KEELRC 1565 (KLR)
The bottom line
#Kenya's Employment Court refused to review its own six-month-old judgment, ruling that a registered union cannot be destabilised and grievances belong in an appeal.
What this practically means
#Executive summary
#Key legal issues
#Whether the application was brought within a reasonable time
The application filed on 27th November 2017 following a judgment delivered in May 2017 was not filed within a reasonable time, and the registered Union could not be destabilised at that late stage
The Court noted the judgment was delivered in late May 2017 and the review application was not lodged until 27th November 2017. This delay of about six months was held not to be a reasonable period. In the interim the Appellant Union had been registered on 24th May 2017 and issued with Certificate of Registration No. TU/178, and the Court held that a duly registered union could not be destabilised at such a late time.
Whether the grounds raised fall within the review thresholds under Rule 33
The issues raised by the Applicant did not fall within the grounds for review and could best be dealt with on appeal
Rule 33 permits review on discovery of new and important matter, error apparent on the face of the record, need for clarification, or any other sufficient reason. The Court found that the matters raised by the Applicant did not fit these parameters; allowing review on those grounds would amount to the Court sitting on appeal against its own judgment, which is impermissible.
Legal principles established
#- An application for review must be filed within a reasonable time, and where a party seeks to challenge a judgment on grounds outside the review thresholds, the proper remedy is an appeal, not review
Court orders
#- 1.The Notice of Motion dated 17th November 2017 seeking review of the judgment delivered on 19th May 2017 is dismissed
- Jurisdiction invoked
- Section 33 of the Employment and Labour Relations Court (Procedure) Rules, 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nahason Ndiamae & 10 others v Registrar of Trade Unions & 2 others [2018] KEELRC 1565 (KLR)", Case Analysis (2018). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1565/eng@2018-06-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.