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ELRCDismissedCause No E694 of 2020· [2021] KEELRC 1016 (KLR)
Transport Workers Union Kenya v Apollo Tours & Travel Limited & another [2021] KEELRC 1016 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#A Kenyan judge cannot overturn another sitting judge's orders without special circumstances, so the application was dismissed with costs.
What this practically means
#Executive summary
#The Employment and Labour Relations Court at Nairobi (Nduma J) dismissed an application dated 5th March 2021 seeking review of the Court's orders of 3rd March 2021. The background was a referral of the dispute to conciliation by an order of Rika J made on 19th February 2021, in which Rika J had held that an application filed on 18th February 2021 was an abuse of the Court's process and directed that all issues be presented before the Conciliator. The applicant subsequently filed an application dated 23rd February 2021, which the duty judge, Onyango J, certified urgent and referred to the Trial Court. When the matter came before Nduma J on 3rd March 2021, the Court merely endorsed Rika J's orders, directing that the matter go back to conciliation and that the conciliator's report be filed as directed on 7th June 2021. The applicant then sought review of those orders. Nduma J held that since Rika J remains a sitting judge at the Nairobi Employment and Labour Relations Court, there was no valid basis to review or set aside his orders absent special circumstances such as the judge's unavailability. The Court found the application devoid of merit and an abuse of the Court process, and dismissed it with costs on 16th September 2021.
Key legal issues
#01
Whether the trial judge could review orders endorsing directions by another judge of the same court
Holding
The application lacked merit; only special circumstances such as the judge's unavailability could permit review
Reasoning
The orders of 3rd March 2021 merely endorsed Rika J's orders of 19th February 2021 directing parties back to conciliation. Rika J remains a sitting judge at the Nairobi Employment and Labour Relations Court, so no special circumstance existed. The Court found the application devoid of merit and an abuse of process.
p. 1
Legal principles established
#- A judge cannot review or set aside orders issued by another sitting judge of the same court absent special circumstances such as that judge's unavailability
- An application to review orders that merely direct adherence to a prior judge's orders, without more, is an abuse of court process
Court orders
#- 1.The application dated 5th March 2021 is dismissed with costs
- Jurisdiction invoked
- Inherent review powers over own orders and adherence to orders of a coordinate judge of the same court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Transport Workers Union Kenya v Apollo Tours & Travel Limited & another [2021] KEELRC 1016 (KLR)", Case Analysis (2021). Cause No E694 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1016/eng@2021-09-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.