Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedCivil Appeal No. 160 of 2008 (record of Appeal No. 1 of 2008 sought to be introduced)· [2021] KEELRC 1378 (KLR)

Mwangi S. Kimenyi v Attorney General & another;mIrene Wangui Kimenyi & another (Applicants) [2021] KEELRC 1378 (KLR)

Employment and Labour Relations Court
8 June 2021
NMNzioki Wa Makau
706 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court refused a third attempt to introduce evidence a judge had already rejected, confirming judges cannot overturn each other's rulings.

What this practically means

#

Executive summary

#
This is an interlocutory ruling of the Employment and Labour Relations Court at Nairobi delivered by Nzioki Wa Makau J on 8 June 2021. The Claimant moved orally to introduce into evidence the record of Appeal No. 1 of 2008 in Civil Appeal No. 160 of 2008, said to be the only document missing from her lists of documents filed in May 2018. Mr Kihara argued that the document was additional to, not a removal from, documents already produced, and that as the Claimant's witness, based in the United States, had not been cross-examined, she could not be shut out from producing it. The 2nd Respondent, through Miss Nyaga, opposed, pointing out this was the third attempt to introduce the same evidence: an earlier Motion had been declined by Radido J on 20 September 2019, and a review of that Ruling had also been dismissed. Radido J had held that the Claimant's reasons were not genuine since she never disclosed when she came across the documents or why she missed the window to file further documents expiring 18 May 2019. Nzioki Wa Makau J agreed that a judge of coordinate status cannot sit in appeal over a colleague's decision, characterised the application as a further bite of the cherry, and declined and dismissed the application with no order as to costs. The suit was to proceed to hearing on a date to be issued immediately after the Ruling.

Key legal issues

#
01

Whether the Court could entertain a further application to introduce evidence previously rejected by Radido J.

Holding

The application was declined as an impermissible attempt to revisit a matter already determined by a judge of coordinate jurisdiction.

Reasoning

The Ruling of Radido J. of 20 September 2019 had already declined a review application seeking to introduce the same documents, finding the Claimant's reasons not genuine. The present Court, being of the same status as Radido J., had no authority to sit in appeal over that decision. The Motion was a third attempt at the same relief and suggested unwillingness to let go of a determined matter.

p. 2

Legal principles established

#
  • A court of equal status cannot sit on appeal over or review a decision of another judge of the same court
  • Repeated applications to reintroduce evidence already rejected amount to taking a further bite of the cherry and will not be entertained

Court orders

#
  1. 1.The oral application by the Claimant's advocate to introduce the record of Appeal No. 1 of 2008 into evidence is declined and dismissed
  2. 2.No order as to costs
  3. 3.The suit to be heard on a date to be issued immediately after the Ruling as the allocated hearing time had lapsed
Jurisdiction invoked
Inherent case-management powers of the Employment and Labour Relations Court over a claim first instituted before it; no specific constitutional/statutory provision invoked

Key timeline

#

Practical implications

#

Frequently asked questions

#

Later judgments citing this (9)

#

Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

#

Cite this brief

Caselaw, "Mwangi S. Kimenyi v Attorney General & another;mIrene Wangui Kimenyi & another (Applicants) [2021] KEELRC 1378 (KLR)", Case Analysis (2021). Civil Appeal No. 160 of 2008 (record of Appeal No. 1 of 2008 sought to be introduced). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1378/eng@2021-06-08

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