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ELRCDismissedNot stated in the judgment· [2025] KEELRC 2698 (KLR)

University of Nairobi v Sifuna (Appeal 22 of 2020) [2025] KEELRC 2698 (KLR)

Employment and Labour Relations Court of Kenya (Appeals Division)
3 October 2025
AJAbuodha Nelson Jorum
244 words in judgment
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The bottom line

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A Kenyan employment court dismissed a review application, confirming that disagreeing with a judgment means appealing to the Court of Appeal, not seeking review.

What this practically means

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Executive summary

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This ruling of the Employment and Labour Relations Court, Appeals Division, at Nairobi, determines a review application dated 7th December 2023 brought under certificate of urgency by the respondent/applicant. The applicant sought review of the Court's judgment delivered on 29th September 2023, together with an order directing the appellant/respondent to pay the monies awarded by the trial court as per the decree and certificate of costs. The application was supported by the applicant's affidavit, in which he stated he was not satisfied with the judgment and that the Court had erred in failing to consider evidence that the appellant did not exhaust its internal dispute resolution mechanisms and failed to convene a disciplinary meeting on 7th October 1998. Abuodha Nelson Jorum, Presiding Judge-Appeals Division, held that the applicant's grievance amounted to dissatisfaction with the judgment; the correct avenue in such circumstances is an appeal to the Court of Appeal, not review. The Court found that the grounds relied upon did not fall within the purview of review and characterized the application as frivolous. The application was dismissed with costs on 3rd October 2025. No authorities were cited and no separate opinions were delivered.

Key legal issues

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01

Whether the application qualified for review of the judgment of 29th September 2023

Holding

The application was frivolous and did not disclose grounds for review; it was dismissed with costs

Reasoning

The applicant's complaint was that the Court erred in failing to consider evidence that the appellant did not exhaust internal dispute resolution methods and failed to convene a disciplinary meeting on 7th October 1998. The Court held such dissatisfaction with, or alleged errors in, the judgment are matters for appeal to the Court of Appeal, not for review, and found the application frivolous.

p. 1

Legal principles established

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  • Where a party is merely dissatisfied with a first-instance judgment and alleges misconsideration of evidence, the correct remedy is an appeal, not review

Court orders

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  1. 1.The application dated 7th December 2023 is dismissed
  2. 2.Costs of the application awarded to the appellant/respondent
Jurisdiction invoked
Inherent review jurisdiction of the Court (application for review of a judgment of the Court's Appeals Division; no specific provision cited in the judgment)

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, "University of Nairobi v Sifuna (Appeal 22 of 2020) [2025] KEELRC 2698 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2698/eng@2025-10-03

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