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ELRCPartially AllowedNot stated in judgment· [2024] KEELRC 2267 (KLR)
Kerio Valley Development Authority v Chumba (Employment and Labour Relations Appeal E017 of 2022) [2024] KEELRC 2267 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This was a first appeal to the Employment and Labour Relations Court against a judgment of the subordinate court delivered by Hon. L. Kassan on 23rd March 2022, in which the Respondent (then Claimant) had sued the Appellant for a severance package allegedly offered as a voluntary early retirement package in February 2018. The Appellant's sole ground of appeal was that the learned magistrate erred in law and in fact by entering judgment without hearing the parties. The appeal was disposed of by written submissions pursuant to directions issued on 8th June 2023. The Court, per Maureen Onyango J, first restated the duty of a first appellate court, citing Selle & another v Associated Motor Boat Co. Ltd. and Peters v Sunday Post Limited, to subject the whole evidence to fresh and exhaustive scrutiny. Examining the certified record of appeal, the Court found no proceedings relating to any hearing at the trial court. Relying on Article 50(1) of the Constitution, read with Article 25 which renders the right to fair hearing non-derogable, and noting that there was no consent to dispose of the matter without a hearing, the Court held the trial judgment was issued in gross violation of the rules of natural justice and was null and void ab initio. The Court allowed the appeal, set aside the trial judgment of 23rd March 2022, remitted the matter to the lower court for hearing and determination by a different magistrate, and made no orders as to costs. Judgment was delivered virtually on 20th September 2024.
Key legal issues
#01
Whether the trial court violated the right to fair hearing by entering judgment without conducting a hearing
Holding
The appeal was allowed; the judgment was a gross violation of natural justice and null and void ab initio.
Reasoning
The certified record of appeal contained no proceedings relating to any hearing at the trial court. The right to a fair hearing is a principle of natural justice, protected under Article 50(1) of the Constitution and non-derogable under Article 25. There was no consent by the parties to dispose of the matter without a hearing, so the judgment could not stand.
p. 2
Legal principles established
#- A judgment delivered without hearing the parties, and without their consent to disposal without a hearing, is issued in gross violation of the rules of natural justice and is null and void ab initio.
- A first appellate court must subject the whole of the evidence to a fresh and exhaustive scrutiny, drawing its own conclusions while bearing in mind it did not hear the witnesses firsthand.
Court orders
#- 1.The Judgment of the trial court dated 23rd March 2022 is set aside
- 2.The matter shall be referred back to the lower court for hearing and determination by a different magistrate
- 3.There shall be no orders as to costs
- On appeal from
- Subordinate court (magistrates' court)
- Not stated
- Jurisdiction invoked
- First appellate jurisdiction over the subordinate court (appeal under applicable provisions; not expressly cited)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kerio Valley Development Authority v Chumba (Employment and Labour Relations Appeal E017 of 2022) [2024] KEELRC 2267 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2267/eng@2024-09-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.