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ELRCDismissedNot stated in judgment

Mbarire v Kenya Airways Limited (Cause 2399 of 2017) [2025] KEELRC 1492 (KLR)

Employment and Labour Relations Court
22 May 2025
687 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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The Employment Court dismissed a worker's bid to have his award clarified, ruling that once you file an appeal in Kenya, you cannot ask the same court to review its judgment.

What this practically means

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Executive summary

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This ruling of the Employment and Labour Relations Court at Nairobi, delivered virtually on 22 May 2025 by Radido Stephen, J, disposed of a Motion dated 5 June 2024 in which the Claimant sought review and clarification of a judgment delivered on 4 March 2024, and a tabulation of the sums awarded to him as benefits. The Claimant had initially tabulated his benefits at Kshs 115,070,214/-, later revised to Kshs 45,465,651/-, but the Respondent declined to pay, contending the judgment was clear and enforceable and that the benefits were ascertainable from the contractual documents. The Respondent also argued that by filing a Notice of Appeal the Claimant had waived the right to seek review. The Court found that the Respondent had lodged a Notice of Appeal on 6 March 2024 and the Claimant on 14 March 2024. Applying section 80 of the Civil Procedure Act and Order 45 Rule 1, which restrict the right to seek review where an appeal has been preferred, the Court held that neither party could return to seek a review of the judgment. On the tabulation of benefits, the Court noted the Claimant's assertion that a normal termination entitled him to all dues until retirement, but held that determining such entitlement would require examination of the evidence and contractual records not produced in evidence, which would be a venture outside the scope of the review jurisdiction. The Court dismissed the Motion with costs to the Respondent.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the filing of a Notice of Appeal by both parties barred an application for review/clarification of the judgment
  2. 2.Whether the Court could review and clarify the Award and tabulate the sums awarded as benefits

Key legal issues

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01

Effect of filing a Notice of Appeal on a right to seek review

Holding

Once both parties had lodged Notices of Appeal, it was not open to them to return to the Court to seek review of the judgment.

Reasoning

The Court noted that the Respondent lodged a Notice of Appeal on 6 March 2024 and the Claimant on 14 March 2024. Section 80 of the Civil Procedure Act read with Order 45 Rule 1 restricts the right to review where an appeal has been preferred. Filing a Notice of Appeal therefore precluded the review/clarification sought.

p. 2
02

Scope of the Court's review jurisdiction in tabulating benefits

Holding

The Court could not tabulate the benefits claimed, as that would require examining evidence and contractual records not produced in the suit.

Reasoning

The Claimant asserted that on normal termination he was entitled to all dues until retirement. Determining that entitlement would require an examination of the evidence and perhaps contractual records that were never produced in evidence. Such an inquiry falls outside the narrow scope of review jurisdiction under section 80.

p. 3

Legal principles established

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  • The right of a party to seek a review is restricted where an appeal has been preferred against the judgment.

Court orders

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  1. 1.The Motion dated 5 June 2024 is dismissed with costs to the Respondent

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Review jurisdiction under section 80 of the Civil Procedure Act and Order 45 Rule 1

Relief refused

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Review and clarification of the Award made on 4 March 2024

The right to seek review is restricted where an appeal has been preferred; both parties lodged Notices of Appeal

p. 2

Tabulation of the sums awarded to the Claimant as benefits

Tabulating benefits would require examining evidence and contractual records not produced, going beyond the review jurisdiction

p. 3

Costs

The Motion is dismissed with costs to the Respondent

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

It is not open to them to come back to this Court to seek a review of the judgment.
p. 2Bar to review after filing Notice of Appeal
such an exercise would be a venture outside the scope of the Court’s review jurisdiction.
p. 3Limits of review jurisdiction
The Motion dated 5 June 2024 is found without merit and is dismissed with costs.
p. 3Disposition

Issues in the judgment

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minor

The judgment references an original judgment of 4 March 2024 but its case number, title and citation are not stated, so the underlying suit cannot be identified from this extract

minor

The declassified record shows the Motion sought review/clarification, but the numbered orders in the Motion (i and ii at paragraph 2) are elided in the text

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mbarire v Kenya Airways Limited (Cause 2399 of 2017) [2025] KEELRC 1492 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1492/eng@2025-05-22

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