Chere v Lake Basin Development Authority (Cause E002 of 2025) [2025] KEELRC 1345 (KLR)
The bottom line
#Kenya's Employment Court struck out a worker's second lawsuit over the same dismissal, ruling you only get one chance to argue your case.
What this practically means
#Executive summary
#Key legal issues
#Whether the claimant's memorandum of claim is res judicata the prior judicial review suit ELRC JR No. E045 of 2023
The suit is res judicata and was struck out; the issues, parties, title, jurisdiction and finality elements were all satisfied.
The prior judicial review challenged the same dismissal letter dated 27th October 2023, between the same parties litigating under the same title, before a court of competent jurisdiction which heard and finally determined the matter with costs. The remedy of reinstatement sought in the judicial review was also available in an ordinary claim, so the claimant cannot litigate in instalments. The five tests in Bernard Mugo Ndegwa were met.
Whether the claimant's blame of his counsel for filing judicial review rather than a claim avails him
No; a case belongs to the litigant and the advocate acted within the authority conferred, so the choice of forum binds the claimant.
The court found it was the claimant's case and the advocate merely executed the authority conferred by the principal, save for customary or usual authority. It found no mistake by the advocate: the claimant and his advocate agreed on the course of action. Further, judicial review does involve contested evidence by affidavit, so the claimant's premise that res judicata cannot apply because facts and evidence were not considered was wrong.
Legal principles established
#- Res judicata bars a suit where the matter, parties, title and jurisdiction coincide and the prior decision was final
- Parties cannot evade res judicata by adding causes of action; they must litigate the whole case at once
- A case belongs to the litigant, not the advocate; a party cannot blame counsel for choosing the wrong forum
- Judicial review involves contested matters of evidence by affidavit and is analogous to a cause in that respect
Court orders
#- 1.The claimant's Memorandum of Claim dated 24th January, 2025 and filed on 27th January, 2025 is struck out for being res judicata Kisumu ELRC JR No. E045 of 2023
- 2.Each party to bear their own costs
- Jurisdiction invoked
- Article 162(2) of the Constitution read with the Employment and Labour Relations Court Act and Rule 45 of the Employment and Labour Relations Court (Procedure) Rules (application invoking Article 159 and Sections 3, 3A and 63 of the Civil Procedure Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chere v Lake Basin Development Authority (Cause E002 of 2025) [2025] KEELRC 1345 (KLR)", Case Analysis (2025). ELRC Cause; Memorandum of Claim dated 24th January, 2025; Respondent's Notice of Motion dated 18th March, 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1345/eng@2025-05-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.