Ngugi & another v Kenya Airports Authority & another (Employment and Labour Relations Petition E036 of 2023) [2023] KEELRC 3316 (KLR)
The bottom line
#An Employment Court judge in Nairobi declined to stay or set aside a fellow judge's judgment, ruling only the Principal Judge can direct such reviews.
What this practically means
#Executive summary
#Key legal issues
#Competence of an application seeking to set aside/stay a judgment of a concurrent judge of the same court
The application was not competent before this court; it was referred to the Principal Judge for administrative direction
The court found it could not review or appeal the decision of a brother judge of the same court who was still stationed at Nairobi, where the matter was filed and where Abuodha J sat. The court also noted the application was filed more than a year after the judgment, constituting inordinate delay. It therefore declined to entertain the prayers and instead referred the matter administratively to the Principal Judge for directions.
Inordinate delay in bringing the application
The application, filed more than a year after the judgment of 17 January 2023, was visited by inordinate delay
The court observed that the application was filed more than a year from the date the judgment of Abuodha J was delivered. Although the court did not dismiss the application on this ground alone, the delay was noted as a factor militating against the relief sought and informed the decision to refer the matter for administrative directions rather than grant the prayers.
Legal principles established
#- A judge of the ELRC cannot sit on review or appeal over a judgment of a concurrent judge of the same court who remains stationed at the same station; such a matter is a fit case for administrative direction by the Principal Judge
Court orders
#- 1.Matter referred to the Principal Judge, ELRC for directions
- Jurisdiction invoked
- Inherent direction powers of the ELRC; matter referred administratively to the Principal Judge of the court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ngugi & another v Kenya Airports Authority & another (Employment and Labour Relations Petition E036 of 2023) [2023] KEELRC 3316 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/3316/eng@2023-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.