Kamuti v Freight Wings Limited (Cause 1199 of 2018) [2024] KEELRC 1659 (KLR)
The bottom line
#A Kenyan employment court ruled that a judge's silence on costs in a judgment is not a mistake that can be fixed through review — you must appeal instead.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court's failure to award costs of the Counterclaim constitutes an error apparent on the face of the record justifying review under Rule 33(1) of the ELRC (Procedure) Rules, 2016
It does not. Silence on costs means there was no order as to costs; the ground for review must be self-evident, and dissatisfaction with the costs outcome is a ground for appeal, not review.
Rule 33(1) restricts review to discovery of new matter, error apparent on the face of the record, need for clarification, or other sufficient reason. Failure to pronounce on costs fits none. Following National Bank of Kenya Ltd v Ndungu Njau, the error must be self-evident and not require elaborate argument; a wrong conclusion of law is a ground for appeal, not review. The award of costs is discretionary and there is no hard and fast rule. The Claimant's grievance properly lies in an appeal.
Legal principles established
#- Silence by a court on the issue of costs does not amount to a mistake or error apparent on the face of the record; it means there was no order as to costs, and such silence is a ground for appeal, not review.
- The grounds for review under Rule 33(1) are restricted and the court's jurisdiction and scope of review is limited.
Court orders
#- 1.The Application dated 16th March 2023 is dismissed with no orders as to costs
- Jurisdiction invoked
- Rule 33(1) of the Employment and Labour Relations Court (Procedure) Rules, 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kamuti v Freight Wings Limited (Cause 1199 of 2018) [2024] KEELRC 1659 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1659/eng@2024-06-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.