Kamau v Del Monte Kenya Limited (Cause 1070 of 2018) [2025] KEELRC 884 (KLR)
The bottom line
#A Kenyan employment court refused to reopen its own judgment, confirming that review applications cannot be used as a second chance to appeal an outcome.
What this practically means
#Executive summary
#Key legal issues
#Whether failure to determine a distinct plea on violation of fundamental labour rights is an error apparent on the face of the record warranting review
No. Assuming such an omission occurred, it is not self-evident and would require a long drawn process of reasoning, which is unavailable in review; such grounds belong to an appeal
The court reiterated the settled principle from National Bank of Kenya v Ndungu Njau and Nyamogo & Nyamogo v Kogo that review is confined to self-evident errors on the face of the record, and that a view which requires elaborate reasoning or on which two opinions are possible cannot found review. The Respondent had argued, and the court agreed, that the grounds advanced were grounds of appeal, not review. The Claimant sought to re-open the case on the pleaded fundamental-rights prayer; the court held that even if the plea had been overlooked, correcting it would require substantive reasoning inappropriate in review proceedings.
Legal principles established
#- The grounds for review are narrow and a court cannot use review to sit on appeal over its own decisions
- An alleged omission on a pleaded issue that would require a long drawn process of reasoning cannot be corrected on review; it is a ground of appeal
Court orders
#- 1.The Claimant's Notice of Motion dated 29th August 2024 seeking review of the judgment delivered on 31st July 2024 is declined
- 2.Each party to bear their own costs
- Jurisdiction invoked
- Section 16 of the Employment and Labour Relations Court Act and Rule 74 of the Employment and Labour Relations Court (Procedure) Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kamau v Del Monte Kenya Limited (Cause 1070 of 2018) [2025] KEELRC 884 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/884/eng@2025-03-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.