Joseph Maingi Kariuki v Kenya Revenue Authority (Cause 115 of 2018) [2022] KEELRC 163 (KLR)
The bottom line
#A Kenyan employment court refused to review its judgment because once judgment is delivered and an appeal is pending, that court cannot issue further orders.
What this practically means
#Executive summary
#Key legal issues
#Whether an error apparent on the face of the record existed to justify review
No error warranting review; the court decided the case on evidence and law, and non-consideration of submissions caused no prejudice
The Applicant claimed its submissions were filed but not considered. The court found no proof the submissions were sent to official court emails, no authority to file at those addresses, and that the judgment was reached on the pleadings, evidence and law applicable to both parties, so no prejudice arose from the omission.
Whether the court is functus officio
Yes; with an appeal pending in the Court of Appeal since October 2021, the court cannot make further orders including review or stay
The Applicant had filed an appeal pending before the Court of Appeal since October 2021. The court held that the appellate court is properly seized of the matter and capable of making any fit orders, hence this court is functus officio and would not make further orders.
Whether the Applicant's submissions should be deemed properly on record
No; the alleged filing was by private, unauthorized email addresses with no evidence of actual dispatch
The Applicant asserted it sent submissions to court email addresses, but the court found some were private emails, not official court addresses, and there was no indication the submissions were actually sent nor any authority to file at those addresses, so the assertion remained unproved.
Legal principles established
#- A trial court becomes functus officio after delivering judgment, particularly where an appeal is pending before the appellate court.
- Failure to consider a party's submissions does not prejudice that party where the court considered the evidence and the law on record.
- Submissions must be filed as directed by the court; filings sent to unauthorized private email addresses without proof of dispatch cannot be deemed on record.
Court orders
#- 1.Application for review disallowed
- 2.Application to set aside the judgment and orders not tenable
- 3.Costs to abide the outcome of the appeal
- Jurisdiction invoked
- Sections 12, 13, 16 and 20 of the Employment and Labour Relations Court Act and Rules 27, 28 of the Employment and Labour Relations Court (Procedure) Rules 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Joseph Maingi Kariuki v Kenya Revenue Authority (Cause 115 of 2018) [2022] KEELRC 163 (KLR)", Case Analysis (2022). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/163/eng@2022-04-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.