Kenya Private Universities Workers Union v KAG East Africa (Cause 308 of 2020) [2024] KEELRC 2044 (KLR)
The bottom line
#A Kenyan employment court refused to reconsider its earlier judgment because the worker had already tried the same review once before and lost.
What this practically means
#Executive summary
#Key legal issues
#Whether the review application of 28.11.2023 is res judicata
Yes - the Court upheld the preliminary objection on the ground that a similar application dated 16.11.2022, concerning the same subject matter (review of the 10.12.2021 judgment), had been heard and dismissed with costs in a ruling delivered on 07.07.2023 by Ongaya J, and an earlier application dated 12.05.2022 had been withdrawn.
Section 7 of the Civil Procedure Act bars a subsequent suit or application on the same subject matter between the same parties that has been heard and decided. The record showed the identical review prayer had already been canvassed by written submissions and determined in a ruling of 07.07.2023, and a still earlier application had been withdrawn, so the instant application was barred and the preliminary objection succeeded on that ground alone.
Whether the Court was functus officio as contended by the respondent
The Court did not rule on the functus officio ground, having disposed of the preliminary objection on the res judicata ground alone.
Although the preliminary objection raised functus officio (judgment having been delivered by Maureen Onyango J on 10.12.2021) and abuse of process as additional grounds, the Court determined the objection solely on res judicata and made no finding on the remaining grounds, which were therefore not adjudicated.
Legal principles established
#- A second application for review of the same judgment on the same subject matter is barred by the principle of res judicata under Section 7 of the Civil Procedure Act, particularly where an earlier similar application was heard and dismissed with costs
Court orders
#- 1.The preliminary objection dated 09.04.2024 is upheld on the ground of res judicata
- 2.The application dated 28.11.2023 is dismissed with no costs
- Jurisdiction invoked
- Original employment and labour relations jurisdiction; review of the Court's own judgment of 10.12.2021 (the judgment does not cite the specific provision)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Private Universities Workers Union v KAG East Africa (Cause 308 of 2020) [2024] KEELRC 2044 (KLR)", Case Analysis (2024). Not stated in the judgment (application dated 28.11.2023; preliminary objection dated 09.04.2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2044/eng@2024-07-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.