Koki Muia v Samsung Electronics East Africa Limited [2020] KEELRC 810 (KLR)
The bottom line
#A Kenyan court refused to reduce an employee's refund obligation or allow instalments, stressing that review applications must be filed promptly and honestly.
What this practically means
#Executive summary
#Key legal issues
#Whether the sum refundable assessed on 8.10.2018 (Kshs. 2,531,356.45 plus interest) should be reviewed to Kshs. 1,857,760.15
No review; the assessment was consistent with the Court of Appeal judgment after statutory deductions and no error apparent on the face of the record was shown. The application was also filed after undue delay of over one year.
Under Rule 33 of the ELRC Procedure Rules, review requires grounds under the rule and application without inordinate delay. The impugned order was made on 8.10.2018 but the review application was filed on 14.11.2019, over a year later. The court had adopted the respondent's calculation after statutory deductions, which was never disputed. The proper remedy for an alleged wrong assessment was appeal, not review, and leave to appeal out of time had already been dismissed.
Whether leave should be granted to repay the refundable sum by equal monthly instalments of Kshs. 200,000
Leave refused because the claimant had enjoyed the money for almost five years, had not repaid anything since 29.9.2017, and had deponed under oath that she had the means to refund the decretal sum.
The claimant had held the deposit since 2015 without repaying any part after the Court of Appeal reduced the award. During the stay application she had affirmed under oath her ability to refund if the appeal succeeded; failing to repay would render the appeal nugatory and suggest she lied under oath. Her claim of means as a woman with a thriving business defeated any request for instalment payments.
Legal principles established
#- An application for review must be made without inordinate delay.
- A party who considers a decision wrong must appeal rather than seek review; review is not a substitute for appeal.
Court orders
#- 1.The claimant's Notice of Motion dated 14.11.2019 is dismissed with costs
- Jurisdiction invoked
- Review jurisdiction under Rule 33 of the ELRC Procedure Rules; application brought under section 1A & 1B of the Civil Procedure Act, Order 21 Rule 12(2), Order 22 and Order 45 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Koki Muia v Samsung Electronics East Africa Limited [2020] KEELRC 810 (KLR)", Case Analysis (2020). Cause No 1583 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/810/eng@2020-06-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.