Kenya Council of Employment and Migration Agencies v National Police Service Commision & 8 others [2018] KEELRC 1872 (KLR)
The bottom line
#The Employment and Labour Relations Court dismissed a bid to enforce a claimed Kshs.91.5 million settlement because the applicant could not prove any consent agreement actually existed.
What this practically means
#Executive summary
#Key legal issues
#Whether a consent/agreement to settle Cause No. 212 of 2014 for Kshs.91,500,000 existed
No consent agreement existed; the alleged oral consent and draft were neither annexed nor executed
The court considered the depositions, the record in Cause No. 212 of 2014, the orders of Judge Marete of 17th March 2014 and the Court of Appeal proceedings. It noted the purported draft consent was not annexed to the application and no executed agreement was produced, so the applicant failed to discharge the burden of proof on a balance of probabilities.
Whether the applicant was entitled to orders of mandamus compelling adoption of the alleged consent
Mandamus was refused as the applicant proved nothing warranting the orders
Having failed to prove the foundational consent, no mandamus could issue. The court also censured the applicant's disparaging depositions against officers of the Attorney General's office as lacking factual or legal basis and contrary to fair administration of justice and the rule of law.
Legal principles established
#- He who asserts a fact bears the burden of proving it on a balance of probabilities in civil cases
- A respondent only bears an evidential burden of rebuttal once sufficient evidence has been adduced by the plaintiff
Court orders
#- 1.The Judicial Review application dated 4th April, 2017 and filed on 6th April, 2017 is dismissed with costs to the Respondents
- Jurisdiction invoked
- Judicial review jurisdiction of the Employment and Labour Relations Court (leave to commence judicial review granted on 7th April, 2017)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Council of Employment and Migration Agencies v National Police Service Commision & 8 others [2018] KEELRC 1872 (KLR)", Case Analysis (2018). Judicial Review application dated 4th April, 2017, filed 6th April, 2017 (arising from Cause No. 212 of 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1872/eng@2018-05-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.