Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedNot stated in excerpt (Cause struck out on 4 April 2024)· [2025] KEELRC 344 (KLR)

Mogaka v Young Women Christian Association of Kenya & 2 others (Cause 541 of 2023) [2025] KEELRC 344 (KLR)

Employment and Labour Relations Court
13 February 2025
RSRadido Stephen
621 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

The Employment Court refused to fix its own earlier contradictory ruling through review, telling the employer to appeal instead.

What this practically means

#

Executive summary

#
The Court had, in a Ruling delivered on 4 April 2024, struck out Mary Mogaka's employment Cause as time-barred, but had nonetheless observed that the Respondent owed the Claimant salary for days worked and ordered that the salary be paid, denying the Respondents costs. The Respondents then filed a Motion on 5 June 2024 seeking review and setting aside of those passages and of the costs order, contending they were an error apparent on the face of the record and lacked legal basis. The Claimant opposed, asserting the Court had deliberately preserved her substantive rights and that payment of earned salary was a fundamental right. The Court considered the motion, affidavits and the Respondents' submissions (the Claimant filed none). Applying the Court of Appeal's decision in Owners of Motor Vessel 'Lillian S' v Caltex Oil Kenya Ltd on the consequences of a finding of no jurisdiction, the Court observed it had previously held it lacked jurisdiction yet proceeded to determine the merits. It concluded that this went beyond an error apparent on the face of the record correctable through review; that an order lacking legal basis cannot be made right through review; and that denial of costs is likewise not remediable through review. The Respondents' remedy, if any, lay on appeal. The Motion dated 4 June 2024 was dismissed with costs in the cause. Judgment delivered virtually on 13 February 2025 by Radido Stephen, Judge.

Key legal issues

#
01

Scope of review jurisdiction vis-à-vis appellate jurisdiction

Holding

The Court declined to review its own Ruling; the alleged errors went beyond an error apparent on the face of the record and any remedy lies on appeal

Reasoning

The prior Ruling had struck out the Cause as time-barred while ordering payment of salary, despite holding no jurisdiction. The Court, relying on Owners of Motor Vessel 'Lillian S', noted a court without jurisdiction must down tools. Determining merits despite lacking jurisdiction was more than a facial error; and an order lacking legal basis or a denial of costs cannot be corrected on review. The proper avenue is appeal.

p. 2

Legal principles established

#
  • A court without jurisdiction must down tools and cannot make further steps in the proceedings
  • Review jurisdiction is confined to errors apparent on the face of the record and cannot cure orders lacking legal basis or remedy denial of costs

Court orders

#
  1. 1.The Motion dated 4 June 2024 is dismissed with costs in the cause.
Jurisdiction invoked
Review jurisdiction of the ELRC over its own orders (error apparent on the face of the record)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Mogaka v Young Women Christian Association of Kenya & 2 others (Cause 541 of 2023) [2025] KEELRC 344 (KLR)", Case Analysis (2025). Not stated in excerpt (Cause struck out on 4 April 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/344/eng@2025-02-13

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