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ELRCDismissedCause No. 985 of 2014· [2020] KEELRC 562 (KLR)

Grace Akinyi Ahawo v Kenya Airports Authority [2020] KEELRC 562 (KLR)

Employment and Labour Relations Court
6 August 2020
561 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Employment Court dismissed a worker's bid to reopen its judgment on payments owed, confirming that appeals, not repeated reviews, are the remedy for disagreeing with a ruling.

What this practically means

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Executive summary

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This is Ruling No. 5 in a long-running employment cause between Grace Akinyi Ahawo (Claimant) and Kenya Airports Authority (Respondent). By a motion dated 27 February 2020, the Claimant sought review or setting aside of the Court's order of 31 January 2020 directing that the decretal sum due was Kshs 65,546/-, payment of the alleged balance of Kshs 71,483/20 within seven days, and attachment of the balance by way of garnishee order absolute against the Respondent's account, together with garnishee costs of Kshs 15,000/-. The Claimant argued that she had not tabulated the amounts due when filing the garnishee application on 11 June 2019, and that after payments of Kshs 625,655/- and Kshs 65,546/-, a balance remained. The Respondent opposed the motion through grounds of opposition and submissions filed on 16 June 2020, contending that the application was frivolous, vexatious, an abuse of process, failed the review test under Rule 33(1) of the ELRC (Procedure) Rules, 2016, disclosed no newly discovered evidence, and was res judicata given prior similar applications. Radido Stephen J agreed with the Respondent that the review threshold was not met. The addition of interest on the decretal sum was not a discovery and should have been raised earlier; this was not the first review or execution application by the Claimant; and any mistake in Ruling No. 4 was a matter for appellate jurisdiction, no apparent error on the face of the record having been demonstrated. The motion was dismissed with costs to the Respondent.

Key legal issues

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01

Whether the motion met the review test under Rule 33(1) of the ELRC (Procedure) Rules, 2016

Holding

It did not; no newly discovered matter of evidence which could not with due diligence have been discovered was disclosed, and the addition of interest on the decretal sum was not a discovery

Reasoning

The Court accepted the Respondent's contention that the motion disclosed no newly discovered evidence, that the addition of interest could not amount to a discovery, and that the item ought to have been raised in the earlier applications. The Court further noted this was not the first review or execution application by the Claimant, and that revisiting questions already addressed failed the review threshold.

p. 1
02

Whether an alleged error in the Court's Ruling No. 4 of 31 January 2020 could be corrected on review

Holding

No; an alleged mistake in a ruling should be pursued on appeal absent an apparent error on the face of the record

Reasoning

The Court held that if it erred in Ruling No. 4 delivered on 31 January 2020, the proper avenue was appellate jurisdiction, since review requires an apparent error on the face of the record, which the Claimant had not demonstrated. The Claimant's dissatisfaction with the quantification of the decretal sum therefore could not be remedied through successive review applications.

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Legal principles established

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  • A party aggrieved by an interlocutory ruling allegedly made in error must pursue appellate jurisdiction rather than review, unless an apparent error on the face of the record is demonstrated
  • Interest on a decretal sum not raised in earlier applications cannot constitute newly discovered matter entitling a party to review

Court orders

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  1. 1.The motion dated 27 February 2020 is dismissed with costs to the Respondent

Authorities

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Legislation

  • Employment and Labour Relations Court (Procedure) Rules, 2016Rule 33(1)
Jurisdiction invoked
Employment and Labour Relations Court (Procedure) Rules, 2016, Rule 33(1) (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, "Grace Akinyi Ahawo v Kenya Airports Authority [2020] KEELRC 562 (KLR)", Case Analysis (2020). Cause No. 985 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/562/eng@2020-08-06

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