Kenya Engineering Workers Union v Drilling Spares and Services Limited (Cause 1265 of 2018) [2023] KEELRC 1319 (KLR)
The bottom line
#Kenya's Employment Court dismissed a union's attempt to overturn a 2020 judgment through review, ruling it was really a disguised appeal filed too late.
What this practically means
#Executive summary
#Key legal issues
#Whether failure to consider exhibits constitutes a ground for review
No; it is a ground of appeal, not review
The court held that an application asserting the judge failed to take into account two exhibits at trial invites a reappraisal of evidence, which is the province of an appeal. Review is confined to discovery of new matter, error apparent on the face of the record, clarification, or other sufficient reason; a complaint about the assessment of evidence does not fall within these parameters and is properly pursued on appeal.
Whether the delay of over 1 year 3 months in filing the review was excusable
No; the delay was unexplained and therefore unreasonable
The review application was filed on April 21, 2021 against a judgment delivered on January 24, 2020, a delay of over one year and three months. No explanation was offered for the delay. Following the principle that unexplained delay may be construed as unreasonable, the applicant failed to satisfy the condition that the application be made without undue delay.
Legal principles established
#- Failure by a court to consider evidence or exhibits tendered at trial is a ground of appeal, not a ground for review
- An unexplained delay in bringing an application for review renders the delay unreasonable and is fatal to the application
Court orders
#- 1.The application for review is dismissed with costs to the Respondent
- Jurisdiction invoked
- Section 16 of the Employment and Labour Relations Court Act, 2016 and 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, "Kenya Engineering Workers Union v Drilling Spares and Services Limited (Cause 1265 of 2018) [2023] KEELRC 1319 (KLR)", Case Analysis (2023). Not stated in the judgment (application for review of judgment delivered January 24, 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1319/eng@2023-05-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.