Kenya National Private Security Workers Union v Homeland Security Services Ltd [2020] KEELRC 323 (KLR)
The bottom line
#A Kenyan employment court dismissed a security business's attempt to overturn a Kshs.733,680 order, ruling the application repeated an earlier settled claim and was an abuse of process.
What this practically means
#Executive summary
#Key legal issues
#Abuse of court process
The review sought duplicated a prayer compromised by the consent order of 02.05.2019
The applicant had earlier sought review of the 25.05.2017 ruling in the application dated 28.01.2019, which was compromised by consent. Renewing the same prayer in the present application, without compliance with the consent terms, amounted to an abuse of process warranting dismissal.
Fraudulent procurement by an unqualified advocate
Not established
The record showed Makori appearing for the claimant, but it was not established that he was the same person as Joshua M. Makori, and no notice of appointment of Joshua M. Makori was exhibited. Further, the applicant knew of the allegation before compromising the earlier review and could have raised it then.
Correction of clerical error in order
The consent order of 02.05.2019/13.05.2019 erroneously referred to an application dated 20.01.2019; the court corrected the date to 28.01.2019
The parties had appeared before the court and, as is apparent, erroneously submitted that the application dated 28.01.2019 was the application of 20.01.2019 for stay of execution pending appeal, and the consent order captured the wrong date. The court corrected the slip.
Legal principles established
#- An issue known to a party and capable of being raised in an earlier application cannot later found a valid ground for review for want of due diligence
- Relitigating through a fresh application a prayer already compromised by consent is an abuse of court process
Court orders
#- 1.The application dated 19.08.2020 is dismissed
- 2.Parties to apply or to compromise on the appropriate steps in the suit
- 3.The order given on 02.05.2019 and issued on 13.05.2019 is corrected by deleting '20.01.2019' wherever it appears and inserting '28.01.2019' accordingly
- 4.Costs of the application in the cause
- Jurisdiction invoked
- Rule 33 of the Employment and Labour Relations Court Act, 2011; Order 9 rule 9 of the Civil Procedure Rules; Articles 48 and 50 of the Constitution, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Private Security Workers Union v Homeland Security Services Ltd [2020] KEELRC 323 (KLR)", Case Analysis (2020). Application dated 19.08.2020 (ruling). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/323/eng@2020-10-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.