Ochieng v Kenya Accreditation Service (Employment and Labour Relations Petition E118 of 2024) [2025] KEELRC 1502 (KLR)

The Respondent argued that Rule 74(3) ELRC Rules was offended because the Notice of Motion referenced an affidavit of David Ouma Ochieng while the annexed affidavit was that of Dr. Walter Ongeti. The Applicant submitted the error was clerical and caused no demonstrable prejudice, and that procedural objections must be anchored on prejudice. The court heard full submissions on both the striking-out and review issues, ultimately dismissing the application on the substantive ground that no ground for review existed.

Rule 74(1) permits review on discovery of new matter, error apparent on the face of the record, need for clarification, or other sufficient reason. The Applicant's complaint was that the ruling determined the petition without hearing it, breaching Article 50. The court held that a claim that judicial authority was unjustly exercised and that the hearing was unfair is a matter for the appellate court, not for review, since the court cannot sit in appeal over its own ruling.