Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedNot stated on the face of the ruling (ELRC cause, Nyeri)· [2023] KEELRC 2003 (KLR)

Kenya Union of Pre-Primary Education Teachers v Secretary, Laikipia County Public Service Board & another (Employment and Labour Relations Cause 14 of 2020) [2023] KEELRC 2003 (KLR)

Employment and Labour Relations Court
1 August 2023
2,348 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

#

A Kenyan employment court refused to reopen a finished teacher hiring case, confirming that once disputes are settled and executed, courts cannot revisit them.

What this practically means

#

Executive summary

#
The claimant union, on behalf of Lucy Wanjiku Waweru (grievant number 241 among the 428 grievants in the original suit), moved the Court by Notice of Motion dated May 15, 2023 seeking an order that she be issued with an appointment letter as an ECDE teacher effective July 1, 2022 on the same terms as other grievants covered by the judgment of Marete J delivered February 25, 2021. The respondents (County Government of Laikipia and its Public Service Board) opposed, contending the court was functus officio, the file marked as closed after adoption of conciliator's reports, and that Lucy Wanjiku was among those who failed the qualification audit. The court framed two issues: whether it was functus officio and without jurisdiction, and whether the application was merited. Reviewing the judgment of February 25, 2021, the conciliation agreements of July 13, 2021, November 18, 2021 and July 14, 2022 (adopted as court orders on March 16, 2022 and November 8, 2022), and the issuance of all 212 appointment letters, the court held that following the Supreme Court's exposition of the functus officio doctrine in Raila Odinga, it had exhausted its decision-making powers. The applicant was not among the 212 teachers who met the agreed criteria, and the application was an afterthought and abuse of process. The court dismissed the application with costs and cautioned parties against invoking the court's jurisdiction through alien procedures such as Chamber Summons under the ELRC Procedure Rules.

Key legal issues

#
01

Whether the court is functus officio and without jurisdiction to entertain the application

Holding

The court is functus officio. The judgment of February 25, 2021, the conciliator's reports adopted as orders of the court, and the subsequent execution (issuance of all 212 appointment letters) exhausted the court's decision-making powers; the applicant was not among the 212 qualified teachers.

Reasoning

The court traced the history of the judgment of Marete J of February 25, 2021, the appointment of a Conciliator, the agreements of July 13, 2021, November 18, 2021 and July 14, 2022 adopted as court orders, and their full execution. Relying on the Supreme Court's articulation of the functus officio doctrine, the court held that a decision-maker may exercise its powers only once in relation to the same matter and that the settlement orders, never challenged, bind the parties. Lucy Wanjiku Waweru was not in the list of 212 qualified teachers, and the application was an afterthought and an abuse of process.

p. 5
02

Whether the application is merited

Holding

The application lacks merit; it is an abuse of judicial time, scandalous and without legal basis, and was dismissed with costs.

Reasoning

The applicant, though grievant number 241 among the 428 grievants in the original suit, did not meet the qualification criteria agreed before the conciliator and thus was excluded from the 212 teachers to be employed. The respondents demonstrated full compliance with the judgment and adopted settlement orders. The application was filed on the very day the last of the 212 grievants collected her appointment letter, evidencing a tactic to prolong proceedings indefinitely.

p. 5

Legal principles established

#
  • Once a court has rendered final judgment and its orders have been adopted and executed, it becomes functus officio and lacks jurisdiction to entertain new matters that ought to have been raised earlier.
  • Litigation must come to an end and its conclusion must have finality; a matter cannot be reopened merely because a party is dissatisfied with the outcome.

Court orders

#
  1. 1.Dismissal of the application dated May 15, 2023 with costs to the respondents
  2. 2.Caution to parties against invoking the jurisdiction of the court through alien procedures

Authorities

#

Legislation

  • Employment Actsection 12
  • Civil Procedure Actsections 1A and 3A
  • ELRC Procedure RulesRule 28(3)

Cases cited (3)

  • Raila Odinga & 2 Others v Independent Electoral & Boundaries Commission & 3 Others
    [2013] eKLR
  • Telkom Kenya Limited v John Ochanda (suing on his own behalf and on behalf of 996 former employees of Telkom Kenya Limited)
    [2014] eKLR
  • Leisure Lodges Limited vs Japheth S Asige & Another
    2018 eKLR
Jurisdiction invoked
Section 12 of the Employment Act and sections 1A and 3A of the Civil Procedure Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kenya Union of Pre-Primary Education Teachers v Secretary, Laikipia County Public Service Board & another (Employment and Labour Relations Cause 14 of 2020) [2023] KEELRC 2003 (KLR)", Case Analysis (2023). Not stated on the face of the ruling (ELRC cause, Nyeri). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2003/eng@2023-08-01

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