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ELRCDismissedNot stated in judgment· [2025] KEELRC 3717 (KLR)

Wright Press Limited v Omolo (Employment and Labour Relations Appeal E102 of 2023) [2025] KEELRC 3717 (KLR)

Employment and Labour Relations Court (Appeals Division)
19 December 2025
AJABUODHA NELSON JORUM
577 words in judgment
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The bottom line

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A Kenyan employment appeal failed because the employer attacked the wrong ruling and never appealed the decision that actually mattered.

What this practically means

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Executive summary

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This is a first-instance appeal decided by Abuodha Nelson Jorum, Presiding Judge-Appeals Division, against a ruling of Honourable Irene Ruguru (SPM) delivered on 14th April 2023 in CMEL 2235 of 2019. The ruling had refused the appellant's application (by Motion dated 19th December 2022) to set aside a judgment that had been entered in the respondent's favour, largely ex parte. The appellant advanced six grounds, chiefly that the respondent was unaware of the proceedings, that the process server was not cross-examined to prove proper service, and that the ruling occasioned a miscarriage of justice. The appellant sought that the appeal be allowed with costs and the judgment and the decree of Hon. Becky Cheloti, with all consequential orders, be set aside. The appeal was disposed of by written submissions. The court reviewed the Ruguru ruling and observed that the issues in the Motion of 19th December 2022 were the same as those canvassed before Honourable Makau in his ruling of 11th October 2022, so nothing warranted varying or setting aside that ruling. Critically, before Makau the appellant had sought only leave to file a defence out of time, not setting aside of the judgment; a valid judgment therefore remained in place and had to be set aside first. The court also noted, finding it 'quite strange', that the appellant never appealed Makau's ruling but chose instead to appeal Ruguru's. Concluding that the appellant was bent on delaying the respondent from enjoying the fruits of his judgment, the court dismissed the appeal with costs on 19th December 2025.

Key legal issues

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Whether the ruling of Honourable Ruguru (SPM) refusing to set aside the ex parte judgment should be interfered with on appeal

Holding

The appeal fails; the magistrate correctly noted that the issues raised had been canvassed and determined before Honourable Makau, and against that ruling there was no appeal

Reasoning

The court read the ruling of Honourable Ruguru and that of Honourable Makau. Ruguru had declined to vary or set aside Makau's earlier ruling because the Motion of 19th December 2022 raised the same issues already considered on 11th October 2022. Before Makau, the appellant sought only leave to file a defence out of time, not setting aside of the judgment; a valid judgment therefore existed that had to be set aside first. The appellant never appealed Makau's ruling yet appealed Ruguru's, which the court found strange and indicative of a strategy of delaying the respondent from enjoying the fruits of his judgment.

p. 2

Legal principles established

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  • Where leave to file a defence out of time was sought but no application to set aside the judgment was made, a valid judgment remains in place and must first be set aside before leave to respond out of time can be granted
  • A party cannot litigate afresh before a second magistrate issues already determined by a prior ruling of a coordinate court of the same rank

Court orders

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  1. 1.The appeal is found without merit and is dismissed with costs
  2. 2.It is so ordered
On appeal from
Magistrates' Court (ELRC)
CMEL 2235 of 2019
Jurisdiction invoked
First appellate jurisdiction over rulings of the magistrates' court in employment and labour matters (statutory appeal)

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, "Wright Press Limited v Omolo (Employment and Labour Relations Appeal E102 of 2023) [2025] KEELRC 3717 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3717/eng@2025-12-19

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