Good Hope Sacco Limited v Kipteng (Employment and Labour Relations Appeal E013 of 2022) [2023] KEELRC 623 (KLR)
The bottom line
#A Kenyan Sacco lost its bid to revive a dismissed employment appeal because it never told the court the appeal record was missing until after judgment.
What this practically means
#Executive summary
#Key legal issues
#Whether the conditions for review under Rule 33(1) ELRC Rules were satisfied
The application failed; no new evidence was placed before the court and no sufficient reason was shown
The court applied Rule 33(1) of the ELRC Rules 2016, which allows review for discovery of new and important matter, error apparent on the face of the record, need for clarification, or other sufficient reason. The applicant argued the appeal was dismissed for want of a record of appeal, but the court found that when directions were given the applicants were present and never indicated the record was incomplete; they were willing to proceed without the evidence on which they wanted the appeal decided. No new evidence was tabled.
Whether the court erred in declining to call for the trial court file
No request was made for the trial court file; the applicants failed themselves
The applicant claimed it had asked the court to call for the Kilgoris trial court file and that refusal created an environment for fraud. The court found as a fact that no such request was made, and that failure to produce a record of appeal implied an error from the word go which was never raised orally or in writing. The court held the applicants failed themselves in the case.
Legal principles established
#- Review may only issue where discovery of new and important matter, error apparent on the face of the record, need for clarification, or other sufficient reason is demonstrated
- A party who proceeds to hearing without a record of appeal cannot later seek review on the ground that the record was missing
Court orders
#- 1.The application for review is dismissed with costs
- On appeal from
- Kilgoris Senior Principal Magistrate's Court
- Labour Cause No. 2 of 2019
- Jurisdiction invoked
- Rule 33(1) of the ELRC (Procedure) Rules, 2016; Article 159(2)(d) of the Constitution; Sections 1A, 1B, 3, 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Good Hope Sacco Limited v Kipteng (Employment and Labour Relations Appeal E013 of 2022) [2023] KEELRC 623 (KLR)", Case Analysis (2023). Notice of Motion dated December 19, 2022 (Appeal dated June 14, 2022; from Kilgoris SPMCC Labour Cause No. 2 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/623/eng@2023-03-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.