Everlyne Atieno Awuor & 37 others v Migori County Government & another [2022] KEELRC 858 (KLR)
The bottom line
#Migori County lost its bid to overturn a judgment for 38 employees because it waited 20 months and ignored court directions on service.
What this practically means
#Executive summary
#Key legal issues
#Whether the review application was brought without delay
The review was refused because it was filed over 20 months after the judgment with no explanation for the delay
The judgment sought to be reviewed was delivered on 9 July 2019 and the Motion was filed on 30 March 2021, a period of over 20 months. The Respondents offered no explanation for this period. The Court held the delay was inordinate and treated this as a sufficient ground to decline the review despite the allegations of lack of capacity and misrepresentation regarding the conciliation agreement.
Whether service obligations were complied with
The review was also refused because the Respondents failed to serve Marvin Omondi as directed and failed to file affidavits of service on the Claimants
The Court had directed service of the Motion on Marvin Omondi, the person alleged to have signed the conciliation agreement without authority, but no evidence of such service was produced. Further, despite being ordered to file affidavits of service showing the Claimants were served so they could exercise their right to be heard, the Respondents filed none. These failures independently justified dismissal of the Motion.
Whether the judgment was incapable of implementation due to legal, human resource and budgetary constraints
No relief was granted on this ground; the Motion was dismissed
The Respondents argued the judgment could not be implemented owing to legal, human resource and budgetary constraints, but the Court found the Motion should be declined on the grounds of inordinate delay and non-compliance with service directions, leaving the judgment intact. The constraint argument did not persuade the Court to review or set aside the judgment.
Legal principles established
#- A party seeking review must explain any delay in bringing the application; inordinate and unexplained delay justifies refusal
- A person alleged to have acted without authority in signing a settlement must be served with the application attacking that settlement
Court orders
#- 1.Leave granted to the firm of Prof Tom Ojienda & Associates to come on record for the Respondents
- 2.The Motion dated 30 March 2021 otherwise dismissed
- 3.Costs in the cause
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction (Employment and Labour Relations Court Act), Cause No. 323 of 2017
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Everlyne Atieno Awuor & 37 others v Migori County Government & another [2022] KEELRC 858 (KLR)", Case Analysis (2022). Cause No. 323 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/858/eng@2022-02-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.