County Government of Wajir & another v Public Service Commission (Judicial Review Application E048 of 2024) [2024] KEELRC 2700 (KLR)
The bottom line
#Kenya's Employment Court refused to let a litigant use judicial review to reopen a Commission decision the court had already turned into its own judgment.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction/functus officio
The court lacks jurisdiction and is functus officio because the Commission's decision sought to be reviewed was already recognized, adopted and enforced as the Court's decree in ELRC Petition No. E047 of 2024.
Counsel for the applicants confirmed that the leave sought concerned the Commission's decision already adopted as the Court's decision. Having adopted and enforced that decision as a decree, the court cannot direct the Commission to review the same decision, as that would amount to sitting on appeal over its own judgment. The proper avenue is the Court of Appeal.
Abuse of court process
The application for leave to seek judicial review is an abuse of court process.
Because the applicant's leave application was a subject of the Commission's decision already adopted as the Court's decision, pursuing judicial review of the same decision in these proceedings amounts to a collateral attempt to revisit a judgment of the court, which is an abuse of process warranting dismissal.
Legal principles established
#- A judicial officer's application for leave for judicial review that seeks review of a decision already adopted as a decree of the court is an abuse of court process.
Court orders
#- 1.The application by the chamber summons dated 08.09.2024 is dismissed
- 2.Each party to bear own costs of the proceedings
- Jurisdiction invoked
- Judicial review jurisdiction under Order 53 rules 1 and 2 of the Civil Procedure Rules, sections 8 and 9 of the Law Reform Act, Cap 26, and the Fair Administrative Action Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "County Government of Wajir & another v Public Service Commission (Judicial Review Application E048 of 2024) [2024] KEELRC 2700 (KLR)", Case Analysis (2024). Not stated in judgment (Nairobi, Judicial Review chamber summons dated 08.09.2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2700/eng@2024-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.