Rotich Sylvester Kiprono v National Police Service Commission [2020] KEELRC 1272 (KLR)
The bottom line
#A Kenyan employment court refused to reopen a judgment, ruling that ongoing settlement talks and continued payroll presence are not valid grounds for review.
What this practically means
#Executive summary
#Key legal issues
#Whether ongoing settlement negotiations and the applicant's continued presence on the payroll constitute sufficient reason for review
They do not; the application is misconceived and lacks merit
The applicant relied on negotiations during the pendency of the petition, the respondent's failure to fulfil its part of the bargain, continued presence on the payroll, and absence of an appeal. The court held these do not fall within the four limbs of Rule 33 - no new and important matter, no error apparent on the face of the record, no need for clarification, and no other sufficient reason was demonstrated.
Legal principles established
#- Grounds for review under Rule 33 of the E&LRC (Procedure) Rules, 2016 include discovery of new and important matter not within the mover's knowledge despite due diligence, error apparent on the face of the record, need for clarification, or any other sufficient reason
Court orders
#- 1.The application to review and set aside the judgment of 7th March 2019 is dismissed with no order as to costs
- Jurisdiction invoked
- Rule 33 of the Employment and Labour Relations Court (Procedure) Rules, 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rotich Sylvester Kiprono v National Police Service Commission [2020] KEELRC 1272 (KLR)", Case Analysis (2020). Petition No. 29 of 2018 (Review Application). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1272/eng@2020-04-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.