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ELRCDismissedNot stated in the judgment· [2019] KEELRC 1283 (KLR)

Amina Guyo Dalacha & 19 others v Jiangxi Zhongmei Engineering Construction Company Limited [2019] KEELRC 1283 (KLR)

Employment and Labour Relations Court
1 July 2019
724 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan employment court refused to review its earlier judgment, ruling that only obvious, glaring mistakes on a judgment's face justify review—not disagreements with the decision.

What this practically means

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Executive summary

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This was a ruling on the Respondent's notice of motion dated 20th February 2019 seeking review of the Employment and Labour Relations Court's judgment of 24th January 2019, brought under Rule 33(1)(b) of the ELRC (Procedure) Rules 2016 on the ground of error apparent on the face of the record. The Respondent argued that the court had inconsistently disallowed part of the claim while nevertheless making an award on the disallowed claim, and relied principally on the Court of Appeal decision in Stephen Wanyoike Kinuthia v Kariuki Marega & Another, which in turn drew on Muyodi v ICDC and Nyamogo & Nyamogo v Kogo, as well as the Tanzanian case of Chandrakhant Joshibhai Patel v R. The Claimants responded that no such error existed. Nzioki wa Makau J accepted the principles cited but found they did not assist the Respondent: in the substantive judgment the court had found the Claimants entitled to house allowance and underpayment of salary, but not in respect of public holidays and overtime worked, and the award on underpayment concerned sums subject to an agreement endorsed by the County Commissioner. There was no obvious, patent mistake visible to one who runs and reads, and a mere erroneous decision or a possible view is not a ground for review. The application was dismissed with costs to the Claimant.

Key legal issues

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Whether the judgment of 24th January 2019 contained an error on the face of the record justifying review

Holding

No error apparent on the face of the record was established; the motion for review fails

Reasoning

The Respondent argued the court disallowed part of the claim yet made an award on it. The court held that it had found the Claimants entitled to house allowance and underpayment but not public holidays and overtime, and that the award on underpayment related to sums in an agreement endorsed by the County Commissioner. No obvious, patent mistake was evident; mere erroneous decision is distinct from error apparent on the face of the record.

p. 1

Legal principles established

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  • An error apparent on the face of the record must be an obvious and patent mistake visible at a glance, not one established by a long drawn process of reasoning on which two opinions may conceivably be held

Court orders

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  1. 1.The Respondent's notice of motion dated 20th February 2019 seeking review is dismissed
  2. 2.Costs of the application awarded to the Claimant

Authorities

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Legislation

  • Employment and Labour Relations Court (Procedure) Rules 2016Rule 33(1)(b)

Cases cited (4)

  • Stephen Wanyoike Kinuthia (Suing on behalf of John Kinuthia Marega (deceased) v Kariuki Marega & Another
    [2018] eKLR
  • Muyodi v Industrial and Commercial Development Corporation & Another
    (2006) 1 EA 243
  • Nyamogo & Nyamogo -vs- Kogo
    (2001) EA 174
  • Chandrakhant Joshibhai Patel v R
    (2004) TLR, 218
Jurisdiction invoked
Rule 33(1)(b) of the Employment and Labour Relations Court (Procedure) Rules 2016 (review jurisdiction)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Amina Guyo Dalacha & 19 others v Jiangxi Zhongmei Engineering Construction Company Limited [2019] KEELRC 1283 (KLR)", Case Analysis (2019). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1283/eng@2019-07-01

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.