Kenya Medical Research Institute v Attorney General & another; Agnes Muthoni & 35 others (Interested Parties) [2021] KEELRC 1397 (KLR)
The bottom line
#KEMRI lost its attempt to block the release of Ksh.50 million held in a joint account, as the court dismissed the application as an abuse of process.
What this practically means
#Executive summary
#Key legal issues
#Whether stay of execution should be granted pending fresh hearing of the petition
Stay was refused; the application was an abuse of process since a valid judgment exists and the review sought had already been addressed with finality
The court distinguished Order 42 Rule 6 stay provisions, which regulate stays pending appeal, from the present request to preserve funds pending a fresh hearing. Having remitted the matter for re-hearing by consent, judgment was delivered on 18th October 2019 and subsequently reviewed on 13th October 2020. Repeatedly seeking stay at every stage, post-judgment and without good cause, is unjustified; litigation must come to an end.
Whether the orders of 13th October 2020 should be set aside or reviewed
No; there was no new evidence, error, mistake or sufficient cause for another review, and a reviewed order is not subject to further review under Rule 33(6)
The 1st Interested Party's application dated 7th July 2020 was allowed on 13th October 2020, where the court reviewed its earlier functus officio finding and directed release of the deposited funds. The petitioner advanced no ground within Rule 33(6) for another review, and under the Rules an order made on review is not subject to further review. The orders of 13th October 2020 therefore stand.
Legal principles established
#- Stay of execution under Order 42 rule 6(2) requires substantial loss, absence of unreasonable delay and security
- Review may only be granted on discovery of new matter, mistake or error apparent on the record, need for clarification, or other sufficient reason
- Repeated post-judgment applications for stay and review amount to abuse of court process
Court orders
#- 1.Application dated 28th October 2020 dismissed as without merit and an abuse of court process
- 2.Costs to the interested parties
- 3.The orders issued on 13th October 2020 stand
- Jurisdiction invoked
- Sections 3 and 12 of the Employment and Labour Relations Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Medical Research Institute v Attorney General & another; Agnes Muthoni & 35 others (Interested Parties) [2021] KEELRC 1397 (KLR)", Case Analysis (2021). Petition (Employment and Labour Relations Court, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1397/eng@2021-01-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.