Masai Rolling Mills Limited v Kunukha & another; Masai Rolling Mills Limited (Appellant); Ongaki & another (Respondent) (Appeal E141 of 2024) [2025] KEELRC 530 (KLR)
The bottom line
#A Kenyan court dismissed a bid to revive employment appeals out of time, ruling the existing appeal's judgment will govern everything.
What this practically means
#Executive summary
#Key legal issues
#Whether the appeals dismissed for want of jurisdiction by the High Court at Kajiado are res judicata
The appeals are not res judicata because the High Court lacked jurisdiction; they are properly before the Employment and Labour Relations Court, the court with jurisdiction
The Respondents argued that the appeals having been dismissed at Kajiado High Court after a preliminary objection was upheld, they were res judicata and the ELRC lacked jurisdiction. The court held that a dismissal for want of jurisdiction is not a determination on the merits. The appeals therefore properly belong before the court with jurisdiction, which is the ELRC, and cannot be deemed res judicata.
Whether leave should be granted to file the appeals out of time
The court declined to determine the issue, finding the application superfluous because the pending judgment in the substantive appeal ELRCA E155 of 2022 would conclusively determine the issues in the intended appeals
Three causes were consolidated at the lower court and one of them, ELRCA E155 of 2022, was already a substantive appeal pending judgment on the same date the application was due for ruling. Any determination in that substantive appeal would affect the intended appeals. The court thus found the extension-of-time application superfluous and dismissed it rather than exercising its discretion on leave.
Legal principles established
#- A dismissal by a court lacking jurisdiction does not amount to a determination on the merits and cannot found a plea of res judicata
Court orders
#- 1.The application dated 15th May, 2024 is dismissed
- 2.No orders as to costs
- 3.The judgment of ELRCA No. E155 of 2022 to apply across the intended appeals
- On appeal from
- Chief Magistrate's Court at Kajiado (CMEL) and High Court at Kajiado
- Kajiado CMEL Case Numbers E055, E076 and E009 of 2021
- Jurisdiction invoked
- Article 48, 50(1) and 159 of the Constitution of Kenya; section 12 of the Employment and Labour Relations Court Act; sections 1A, 3A, 79G and 95 of the Civil Procedure Act; Order 42 rule (6) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Masai Rolling Mills Limited v Kunukha & another; Masai Rolling Mills Limited (Appellant); Ongaki & another (Respondent) (Appeal E141 of 2024) [2025] KEELRC 530 (KLR)", Case Analysis (2025). Application dated 15th May, 2024 (arising from Kajiado CMEL Cases E055 and E076 of 2021 and ELRCA/E0155/2022 Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/530/eng@2025-02-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.