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ELRCDismissedCause 1745 of 2012 (as inferred from application dated 20th February, 2021)· [2021] KEELRC 613 (KLR)

John Elego & 103 others v Pressmaster Limited [2021] KEELRC 613 (KLR)

Employment and Labour Relations Court
28 October 2021
746 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court refused to reopen a completed judgment, confirming that once a court delivers final judgment, your remedy is an appeal, not another review application.

What this practically means

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Executive summary

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By an application dated 20th February, 2021, 19 claimants excluded from an earlier judgment in a class suit sought review of the judgment of 10th August, 2018 so as to be included in the award of compensation for unlawful and unfair termination. They contended that the judgment omitted their evidence, that paragraph 84 entered judgment for all claimants without exclusion, and that this created ambiguity on quantum, prompting two earlier applications determined by Maureen Onyango, J. on 20th December, 2019 and 25th September, 2020, which held the 19 were not entitled to compensation. The respondent, through its director Harjinder Singh Panesar, opposed the application, deposing that the judgment clearly awarded compensation only to claimants terminated on 3rd October, 2012, and that the 19, dismissed on earlier dates, had failed to prove their individual cases; the applicants were seeking a second bite at the cherry. Mathews N. Nduma, J. held that the Court had evaluated the evidence of all 104 claimants and found sufficient proof of unlawful termination only for those terminated on 3rd October, 2012, and that the exclusion of the 19 was clear and unequivocal. The Court held it was functus officio, the proper remedy being an appeal against the judgment or against the ruling of Maureen Onyango, J. The application was dismissed with costs.

Key legal issues

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01

Whether the Court could review its own final judgment to include omitted claimants

Holding

The application for review was dismissed; the Court could not reopen the judgment.

Reasoning

The Court held that it had evaluated the evidence of all 104 claimants and found sufficient evidence only for those terminated on 3rd October, 2012. The 19 claimants had not adduced sufficient evidence of individual unlawful termination, and the exclusion was clear and unequivocal. The same issue had been determined by Maureen Onyango, J. on 20th December, 2019, and the proper remedy was an appeal, not a second review application.

p. 2
02

Whether the judgment created ambiguity as to the claimants entitled to compensation

Holding

No ambiguity existed; the exclusion of the 19 claimants was clear and had been clarified by Maureen Onyango, J.

Reasoning

The applicants argued that paragraph 84 of the judgment entered judgment for all claimants without exclusion, creating ambiguity. The Court rejected this, holding that it had expressly excluded the 19 claimants from the specific award of compensation, and that Maureen Onyango, J.'s rulings of 20/12/2019 and 25/9/2020 had confirmed they were not entitled to compensation.

p. 2

Legal principles established

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  • A court that has rendered a final judgment in a matter is functus officio and cannot reopen or vary it on review; a party aggrieved must pursue an appeal.

Court orders

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  1. 1.The application dated 20th February, 2021 is dismissed
  2. 2.Costs of the application awarded to the respondent
Jurisdiction invoked
Review jurisdiction under the Employment and Labour Relations Court (Procedure) Rules (not expressly cited in the excerpt); the court decided the application on the doctrine of functus officio

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, "John Elego & 103 others v Pressmaster Limited [2021] KEELRC 613 (KLR)", Case Analysis (2021). Cause 1745 of 2012 (as inferred from application dated 20th February, 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/613/eng@2021-10-28

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