Nyagwa Meshack Onindo & 2 others v Teachers Service Commission [2021] KEELRC 1529 (KLR)
The bottom line
#The Employment and Labour Relations Court struck out teachers' renewed petition against the TSC because their demotion dispute had already been fully decided in a 2018 case.
What this practically means
#Executive summary
#Key legal issues
#Whether the petition is res judicata in light of Petition No. 83 of 2018
Yes. All conjunctive elements of res judicata under section 7 of the Civil Procedure Act were present: same parties, same dispute (demotion through transfer from Migori TTC to primary schools in violation of Articles 41 and 47), litigating under the same title, issues heard and finally determined by a competent court, and now subject of appeal to the Court of Appeal.
The court compared the pleadings in both petitions and the judgment of 30.7.2020. It found the same petitioners suing the TSC over the same demotion-through-transfer dispute under the same title, with substantially the same reliefs. The issues were heard and fully determined on merits by a competent court, and the earlier decision had not been reversed by review or appeal, so it could not be relitigated.
Whether the letters dated 10.5.2021 constituted a new cause of action
No. The letters were merely re-directing the transfer of the Petitioners as earlier directed in the letters dated 13.7.2018 to other counties, and did not create a fresh cause of action justifying fresh litigation.
The Petitioners argued the 10.5.2021 letters cancelled the earlier transfer and created a new cause of action. The court held by the way that the 2021 letters merely re-directed the earlier transfer to Busia, Kakamega and Nandi counties. Any grievance did not entitle them to bring the old dispute back for fresh litigation before the same court.
Legal principles established
#- The issue of res judicata can be raised by way of a preliminary objection
- The elements of res judicata are conjunctive rather than disjunctive and must all be present before a suit is deemed res judicata
- A judgment not reversed through review or appeal cannot be relitigated; it is res judicata
Court orders
#- 1.The Preliminary Objection by the Respondent is upheld
- 2.The petition and the application dated 18.3.2021 are struck out
- 3.Costs awarded to the Respondent
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Constitution (Article 41 and 47 rights invoked); objection founded on section 7 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Onyango v Africa International University (Employment and Labour Relations Cause E6570 of 2020) [2025] KEELRC 148 (KLR)[2025] KEELRC 148 (KLR)30 Jan 2025applied
- Moses Banda v Cabinet Secretary for the National Treasury and Planning; Kenya Post Office Savings Bank (Postbank) (Interested Party) [2020] KEELRC 450 (KLR)[2020] KEELRC 450 (KLR)18 Sept 2020applied
Cite this brief
#Cite this brief
Caselaw, "Nyagwa Meshack Onindo & 2 others v Teachers Service Commission [2021] KEELRC 1529 (KLR)", Case Analysis (2021). Petition (ELRC) – filed 2021, instituted following Petition No. 83 of 2018; specific petition number not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1529/eng@2021-06-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.