Walter Edwin Ogara Odhiambo v SGS Kenya Limited [2021] KEELRC 2082 (KLR)
The bottom line
#The Employment Court dismissed an employee's applications to stop his redundancy, confirming that Kenyan courts will only review rulings for obvious, undeniable errors.
What this practically means
#Executive summary
#Key legal issues
#Whether a mistake or error apparent on the face of the record justified review of the ruling of 16th October 2020
No error apparent on the face of the record was established; the application for review failed
The Court applied the test in Muyodi v ICDC that an error apparent on the face of the record must stare one in the face and admit no two opinions. It found the email relied upon was before the court and was considered in the ruling, and the status quo order amounted to a stay of any redundancy notices. The reissued draft notice was not a different notice.
Whether the injunctive and status quo prayers survived, given the termination had already taken effect
The prayers were overtaken by events and failed
The Court held that prayers for status quo, injunction and suspension of redundancy notices were moot because the Claimant's termination had already been effected, and the leave to amend had already been granted on 30th November 2020 with corresponding leave to the Respondent to respond.
Legal principles established
#- An error apparent on the face of the record must be obvious and patent, not one established by long drawn reasoning or on which two opinions are possible
- Re-issuing a draft redundancy notice in the same format after the employee declines to comment does not make it a different notice
Court orders
#- 1.The Claimant's Application dated 29th October, 2020 fails save for prayer No. 3 (leave to amend) that had already been granted
- 2.The Application dated 25th November, 2020 is dismissed
- 3.Parties to fix the main Claim for hearing and determination at the registry on a priority basis as directed by Nduma J
- 4.No orders for costs
- Jurisdiction invoked
- Section 16 of the Employment and Labour Relations Court Act and Rule 33 of the Employment and Labour Relations Court (Procedure) Rules 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Walter Edwin Ogara Odhiambo v SGS Kenya Limited [2021] KEELRC 2082 (KLR)", Case Analysis (2021). Cause No. 256 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/2082/eng@2021-02-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.