Maina & another v Golden Lion International Limited
The bottom line
#Kenya's Employment Court refused to reopen a Kshs. 35 million judgment against Golden Lion International, ruling that disagreements with a decision belong on appeal, not review.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether there exists an error apparent on the face of the record and/or sufficient reason to warrant review, variation or setting aside of the Judgment delivered on 23rd July 2025
- 2.Whether an order of stay of execution of the judgment and decrees ought to issue
Key legal issues
#Whether the alleged failure to evaluate evidence, misapplication of Section 19 of the Employment Act, inadequate reasoning on employee status and omission of the oral contract constitute errors apparent on the face of the record
No - these are complaints about the merits, adequacy of reasoning and weight of evidence on hotly contested issues, amenable only to appeal, not review
The court found that the applicant was inviting it to reopen the case, reconsider the evidence, analyse it again and make a fresh determination. Review lies only for self-evident errors requiring no elaborate argument; disagreements with the court's evaluation of evidence, construction of statutes or application of the control test go to the substance of the decision and are appellate matters.
Whether stay of execution pending the review application should issue
No - the review application was dismissed, so no stay could issue
The stay was sought pending hearing and determination of the review application itself. Once the court declined to review its judgment, there was no basis for a stay. The court did not separately analyse the stay thresholds of substantial loss, promptitude and security.
Legal principles established
#- A court on review cannot re-open a case, reconsider and re-analyse evidence, or sit on appeal on its own judgment; such grievances are reserved for the Court of Appeal
Court orders
#- 1.The Notice of Motion dated 5th December 2025 seeking review and stay of execution is dismissed
- 2.Costs in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 16 of the Employment and Labour Relations Court Act and Rules 73 and 74 of the Employment and Labour Relations Court (Procedure) Rules, 2024
- Consolidated with
- Employment and Labour Relations Cause E214 of 2022
Relief refused
#Stay of execution of the judgment and decrees of 23rd July 2025
The application for review having failed, the stay sought pending its determination fell away
Review, variation and/or setting aside of the judgment of 23rd July 2025
The grounds raised invite the court to re-evaluate evidence and re-argue the merits, which is appellate in nature and not available on review
Costs
Costs in the cause
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The applicants are in my view asking this court to sit on appeal on its judgment which is a reserve for the Court of Appeal.
The applicants are calling upon this court to reopen the case, reconsider the evidence, analyze it again and make a determination.
I decline this invitation and find this application not merited. I dismiss this application accordingly. Costs in the cause.
Issues in the judgment
#Claimant's name spelled 'Waithaka' in one passage and 'Walthaka' in another
Ruling does not separately determine the framed stay-of-execution issue
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maina & another v Golden Lion International Limited", Case Analysis (2026). Employment and Labour Relations Cause E174 & E214 of 2022 (Consolidated). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2761/eng@2026-10-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.