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ELRCDismissed· [2025] KEELRC 292 (KLR)

Riftvalley Railways Workers Union (K) v Kenya Railways Corporation & another (Employment and Labour Relations Cause E1041 of 2021) [2025] KEELRC 292 (KLR)

Employment and Labour Relations Court
6 February 2025
866 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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A Kenyan employment court refused to revisit its earlier ruling against a railway workers' union, confirming that disagreements about facts belong in an appeal, not a review.

What this practically means

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Executive summary

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This is a ruling of the Employment and Labour Relations Court at Nairobi (Mathews Nduma, J) on a review application arising from a judgment in which the court dismissed a suit by the Claimant union seeking recognition under section 54 of the Labour Relations Act and deduction and remittance of union dues under section 48, having failed to prove recruitment of employees of the two Respondent companies. The Claimant sought review on the basis of an alleged error on the face of the record, contending that the trial court wrongly treated the Rift Valley Railways Workers Union (K) and the Claimant union as two separate rival unions when they were allegedly one and the same entity. The court held that the impugned finding was a conscious decision of mixed fact and law, that the court had become functus officio, and that the application was in substance an appeal on a matter of fact disguised as a review. Relying on National Bank of Kenya Ltd v Ndungu Njau, the court held that a wrong conclusion on a fully canvassed matter is a ground for appeal, not review. The court also rejected the Claimant's request that the review be heard by a bench of three Judges as misconceived and unsupported by law, holding that reviews are heard by the Judge who made the decision unless that Judge is unavailable for reasons beyond his or her control. The application was dismissed with each party bearing their own costs, and the Claimant was left free to appeal to the Court of Appeal.

Key legal issues

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01

Whether the alleged mischaracterisation of the two unions as rival entities is a reviewable error

Holding

It is not a reviewable error; it is a finding of fact amenable to appeal to the Court of Appeal

Reasoning

The court had already made a considered decision on the question of fact concerning the relationship between the unions. Once a court makes a conscious decision on a contested matter, it becomes functus officio. A mere disagreement with a finding of fact, or the assertion that another view was possible, does not constitute a mistake or error apparent on the face of the record under rule 33(1) of the 2016 Rules (now rule 74(1)(b) of the 2024 Rules). The applicant's remedy lies in an appeal.

p. 2
02

Whether the review application was in substance an appeal disguised as review

Holding

Yes - the bold assertion that the court was wrong on the facts amounted to an appeal disguised as a review

Reasoning

Relying on National Bank of Kenya Ltd v Ndungu Njau, the court held that where matters were fully canvassed and a conscious decision made, a wrong conclusion is a ground for appeal, not review; otherwise the Judge would be sitting in appeal over his own judgment, which is impermissible. The circumstances of that authority were held to mirror the present matter.

p. 2
03

Whether a review may be heard by a bench of three Judges

Holding

No - the request was misconceived and unsupported by law or procedure

Reasoning

Review applications are heard by the Judge who made the original decision unless that Judge is unavailable for reasons beyond his or her control. No such unavailability existed here, and no law or rule of procedure supports a three-Judge bench for review in this court. The claimant retains the right of appeal to the Court of Appeal if aggrieved by the original decision.

p. 2

Legal principles established

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  • A conscious, considered decision of fact by a court is not an error apparent on the face of the record reviewable under the review rules; the remedy is appeal, not review, and review cannot be used by the same court to sit in appeal over its own judgment
  • An application for review must be heard by the Judge who made the decision unless that Judge is unavailable for reasons beyond his or her control

Court orders

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  1. 1.The application for review is dismissed
  2. 2.Each party to bear their own costs of the application

Authorities

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Legislation

  • Labour Relations Actsection 54
  • Labour Relations Actsection 48
  • Employment and Labour Relations Court (Procedure) Rules 2016rule 33(1)
  • Employment and Labour Relations Court (Procedure) Rules 2024rule 74(1)(b)

Cases cited (1)

  • National Bank of Kenya Limited versus Ndungu Njau
    [1997] eKLR
Jurisdiction invoked
Rule 33(1) of the Employment and Labour Relations Court (Procedure) Rules 2016, now rule 74(1)(b) of the ELRC (Procedure) Rules 2024 - review jurisdiction

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Riftvalley Railways Workers Union (K) v Kenya Railways Corporation & another (Employment and Labour Relations Cause E1041 of 2021) [2025] KEELRC 292 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/292/eng@2025-02-06

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.