Amina Guyo Dalacha & 19 others v Jiangxi Zhongmei Engineering Construction Company Limited [2019] KEELRC 1283 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the judgment of 24th January 2019 contained an error on the face of the record justifying review
No error apparent on the face of the record was established; the motion for review fails
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.
Legal principles established
#- 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
#- 1.The Respondent's notice of motion dated 20th February 2019 seeking review is dismissed
- 2.Costs of the application awarded to the Claimant
- Jurisdiction invoked
- Rule 33(1)(b) of the Employment and Labour Relations Court (Procedure) Rules 2016 (review jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.