Roseline Ohanya v Emergency Plus Medical Services [2021] KEELRC 2265 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Threshold for review under Rule 33 of the ELRC (Procedure) Rules, 2016
The Claimant failed to meet the test for review; the application was dismissed.
The Court noted the well-known threshold for review. The application was filed about three months after judgment and two months after a consent on costs, without explanation why review was not sought earlier, amounting to inordinate delay. On the merits, there was no cogent evidence that the Claimant procured the leasing of 9 ambulances by the County Government of Kisii, and any perceived error lay in drafting pleadings and leading evidence, matters outside review.
Delay in bringing the review application
Inordinate and unexplained delay was established.
The application for review was presented about three months after judgment and two months after the parties entered a consent on costs, after which the decretal sum had been settled. The Claimant offered no explanation why an appropriate application for review was not made first. The Court therefore found inordinate delay, an independent ground for dismissing the Motion.
Legal principles established
#- An application for review must be made promptly and any delay must be explained; inordinate unexplained delay defeats the application.
- Review cannot substitute for errors in drafting pleadings or leading evidence; it is confined to the Rule 33 threshold.
Court orders
#- 1.The Motion seeking review of the judgment dated 28 May 2019 and delivered on 16 July 2019 was dismissed
- 2.No order on costs
- Jurisdiction invoked
- Review jurisdiction under 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, "Roseline Ohanya v Emergency Plus Medical Services [2021] KEELRC 2265 (KLR)", Case Analysis (2021). Cause No 302 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/2265/eng@2021-01-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.