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ELRCDismissedCause No. 37 of 2013· [2025] KEELRC 1484 (KLR)

Rift Valley Railways Workers Union (K) v Kenya Railways Corporation; Rift Valley Railways Kenya Limited (Interested Party) (Cause 37 of 2013) [2025] KEELRC 1484 (KLR)

Employment and Labour Relations Court
22 May 2025
1,017 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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A Kenyan employment court dismissed a review application, confirming you cannot reopen a ruling over facts you always knew—especially by disguising an appeal as a review.

What this practically means

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Executive summary

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The Claimant/Applicant moved the Employment and Labour Relations Court by a notice of motion dated 7th January 2025 seeking, principally, a declaratory order that the cause was first filed in 2007 as Cause 35 of 2007 in the High Court Civil Division and only transferred to the ELRC in 2013 (as Cause 37 of 2013) following the promulgation of the Constitution of Kenya 2010, and, without prejudice to an application dated 6th November 2024, an order varying the findings in the court's ruling of 21st November 2024 (notably on costs) to reflect the 2007 filing date. The Applicant argued the costs award was premised on an erroneous belief that the suit was filed in 2013, and that receipts issued in 2006 and 2007 should have been considered in assessing costs. The Respondents opposed via grounds of opposition dated 24th March 2025, contending that the application failed the threshold for review - there was no error apparent on the face of the record nor new and important evidence - that it was res judicata, and that it was a disguised appeal against the 21st November 2024 ruling. The court framed a single issue: whether grounds for review were established. Relying on Section 16 of the ELRC Act and Rule 74(1) of the ELRC (Procedure) Rules 2024, Baari J held that the filing date was always within the Applicant's knowledge and could not ground review, that no error apparent on the face of the record was demonstrated, and that the motion was in substance an appeal on the merits. The application was dismissed with no orders on costs.

Key legal issues

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Whether grounds for review of the 21st November 2024 ruling were established

Holding

No - the filing date was known to the Applicant, no error apparent on the face of the record was shown, and the application is in substance an appeal dressed as a review

Reasoning

Under Section 16 of the ELRC Act and Rule 74(1) of the ELRC (Procedure) Rules, 2024, review requires new and important matter, an error apparent on the face of the record, clarification, or other sufficient reason. The date of filing suit was always within the Claimant's knowledge, so it cannot found review. The application, though styled as review, attacks the merits of the decision and is thus a disguised appeal. It is devoid of merit and dismissed with no orders as to costs.

p. 3
02

Characterisation of the application

Holding

It is a disguised appeal against the ruling on costs

Reasoning

The court agreed with the Respondents that the motion, though styled as a review seeking variation of the ruling on costs, is actually an appeal on the merits of the court's decision. Review cannot be used as a second bite at the cherry where the grievance is with the correctness of the decision rather than any of the statutory grounds.

p. 3

Legal principles established

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  • Review lies only on discovery of new and important matter, error apparent on the face of the record, need for clarification, or other sufficient reason; a matter within a party's knowledge cannot ground review.

Court orders

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  1. 1.The Applicant's application dated 7th January 2025 is dismissed with no orders on costs

Authorities

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Legislation

  • Employment and Labour Relations Court ActSection 16
  • Employment and Labour Relations Court (Procedure) Rules, 2024Rule 74(1)
  • Constitution of Kenya, 2010
Jurisdiction invoked
Section 16 of the Employment and Labour Relations Court Act read with Rule 74(1) of the Employment and Labour Relations Court (Procedure) Rules, 2024

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Rift Valley Railways Workers Union (K) v Kenya Railways Corporation; Rift Valley Railways Kenya Limited (Interested Party) (Cause 37 of 2013) [2025] KEELRC 1484 (KLR)", Case Analysis (2025). Cause No. 37 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1484/eng@2025-05-22

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