Samuel Bundi Mokora v Musa Chebiringet [2021] KEELRC 1601 (KLR)
The bottom line
#A Kenyan employment court threw out an attempt to reverse a labour award because the employer had his chance to respond to the report and did not take it.
What this practically means
#Executive summary
#Key legal issues
#Whether there was a denial of the right to be heard in the adoption of the labour officer's report
No - the respondent had opportunity and time to review and comment on the report but failed to do so
The court record showed that on 13/10/2020 the claimant sought adoption of the labour officer's report and the respondent's counsel stated she had no objection though she had not looked at it. The court gave time to review the report with mention on 26/10/2020, and on that date counsel cited being busy and sick without seeking to respond. The court concluded the claim that there was no chance to comment was incorrect.
Whether the conditions for review under Rule 33 of the ELRC (Procedure) Rules 2016 were met
No - no new and important matter, no error apparent on the face of the record, no clarification required, and no other sufficient reason established
The court set out the Rule 33 grounds and held that none was established by the applicant. The applicant had not demonstrated any mistake or error apparent on the face of the record in the ruling adopting the labour officer's tabulations, and the court found nothing amenable to review in the ruling.
Whether the court could review its own ruling of 27th/30th October 2020
The application was dismissed; the ruling adopting the report stood
The court noted a discrepancy in dates - no ruling was delivered by Mbaru J on 27/10/2020; the ruling adopting the labour officer's tabulations was delivered on 30/10/2020. It treated the 30/10/2020 ruling as the one in contention but found nothing to review in it.
Legal principles established
#- For a review application under Rule 33 to succeed, the applicant must establish discovery of new and important matter, an error apparent on the face of the record, need for clarification, or other sufficient reason
- A party who is given opportunity to respond to a report sought to be adopted but fails to do so cannot later claim denial of a hearing
Court orders
#- 1.The applicant's application dated 24th February 2021 is dismissed
- 2.Costs of the application awarded to the respondents/claimant
- Jurisdiction invoked
- Employment and Labour Relations Court (Procedure) Rules, 2016, Rule 33
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samuel Bundi Mokora v Musa Chebiringet [2021] KEELRC 1601 (KLR)", Case Analysis (2021). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1601/eng@2021-06-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.