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ELRCDismissedNot stated in judgment· [2023] KEELRC 91 (KLR)

Kenya Union of Commercial Food and Allied Workers Union v Spurs Security Services Limited (Cause 1569 of 2010) [2023] KEELRC 91 (KLR)

Employment and Labour Relations Court
20 January 2023
SRStella Rutto
843 words in judgment
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The bottom line

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A Kenyan employment court refused to review its 2019 judgment because records showed the applicant was already named on, and presumed paid from, the settlement cheque.

What this practically means

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Executive summary

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The Claimant/Applicant moved the Employment and Labour Relations Court at Nairobi by a Notice of Motion dated December 13, 2021 seeking review of the Court's judgment delivered on July 9, 2019. The application, supported by affidavits of Alfred Oduki, Joseph Mumo and Joseph Langi, complained that the court had found that the three did not sign the letter of authority authorising Raphael Kaka to execute documents and give evidence, whereas their signatures appeared on that letter. The Respondent opposed through Samuel Nyabera Muholi's affidavit, noting Oduki and Mumo had died; the application therefore proceeded only for the surviving applicant, Joseph Langi Kioko. The applicant argued the error was self-evident and that the settlement cheque had been written in favour of Ekwaro Kizito instead of Kioko. The respondent contended the application was unnecessary because Kioko was named as a beneficiary of cheque no. 000667 and had been paid. Justice Stella Rutto found that Kioko's name and signature were in the letter of authority, so he had duly authorised Kaka. On payment, the respondent's advocate's letter of August 17, 2020 listed Kioko among the beneficiaries of the cheque, and no plausible explanation was given why he was not paid; any mistake regarding Ekwaro Kizito should have been remedied by calling for a further payment in his favour. The court held that the evidence confirmed Kioko was paid, rendering the application as good as spent, with the residue resolvable by the parties themselves. The application was dismissed with no orders as to costs.

Key legal issues

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01

Whether the applicant established an error apparent on the face of the judgment warranting review

Holding

The application was dismissed; the record confirmed Kioko signed the letter of authority and the payment dispute could be resolved between the parties without the court's intervention

Reasoning

The court found from the record that Joseph Langi Kioko's name and signature appeared in the letter of authority, correcting any mistaken finding. As to payment, the respondent's advocate's forwarding letter listed Kioko as a beneficiary of cheque no. 000667, and the applicant offered no plausible explanation why he was not paid. Any discrepancy regarding Ekwaro Kizito was for the parties to sort out; the review application was therefore as good as spent and was dismissed with no orders as to costs.

p. 2

Legal principles established

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  • Where a beneficiary's name appears on the letter transmitting a settlement cheque and no explanation is given why he was not paid, the court treats him as paid and will not entertain a review to resolve the payment dispute

Court orders

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  1. 1.The Application is dismissed with no orders as to costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 21 Rule 1
  • Civil Procedure ActSection 1B
  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48
Jurisdiction invoked
Review jurisdiction of the Employment and Labour Relations Court over its own judgment

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Union of Commercial Food and Allied Workers Union v Spurs Security Services Limited (Cause 1569 of 2010) [2023] KEELRC 91 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/91/eng@2023-01-20

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.