Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
IndustrialDismissedNot stated in judgment (Review Application dated 24th January 2013)· [2014] KEIC 108 (KLR)

Tailors & Textiles Workers Union v Moi University & another (Cause 1996 & 1997 of 2011 (Consolidated)) [2014] KEIC 108 (KLR)

Industrial Court of Kenya
19 June 2014
NMNzioki Wa Makau
737 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

#

Kenya's Industrial Court dismissed Rivatex employees' review application, ruling that complaining a judgment was wrong is an appeal ground, not a review.

What this practically means

#

Executive summary

#
The Industrial Court at Nairobi, per Nzioki Wa Makau J, delivered a ruling on 19th June 2014 dismissing the Claimant/Applicant's Review Application dated 24th January 2013, which sought review of the court's Ruling of 23rd November 2012. The Applicant complained that the court had ignored evidence, submissions, exhibits and annexures, had reduced the issues to capacity to be sued and locus standi, and had failed to determine the real issues of wrongful termination and dismissal of Rivatex employees and violation of redundancy law. The Respondents opposed through grounds of opposition and authorities, arguing that the court cannot sit on appeal over its own decision and that the grounds did not meet the Rule 32 threshold of the Industrial Court (Procedure) Rules 2010. The court reproduced Rule 32 in full and held that the grievances raised were not grounds for review but for appeal. Since no appeal had been pursued, the matter was at an end. The application was dismissed with costs to the Respondents. All authorities cited were relied on by the Respondents and were not expressly adopted by the court.

Key legal issues

#
01

Whether the application met the threshold for review under Rule 32

Holding

The application did not meet the Rule 32 threshold; it sought to re-litigate the merits, which is appeal territory

Reasoning

The court set out Rule 32 of the Industrial Court (Procedure) Rules 2010, which limits review to discovery of new matter, error apparent on the face of the record, breach of written law, need for clarification, or other sufficient reasons. The Applicant's complaint that the court ignored evidence and submissions amounted to dissatisfaction with the ruling, a matter for appeal, not review. Having not appealed, the applicant could not achieve the same result through review.

p. 2

Legal principles established

#
  • Dissatisfaction with a ruling is a ground for appeal, not review; where no appeal is sought the matter is at an end

Court orders

#
  1. 1.The Review Application dated 24th January 2013 is dismissed with costs to the Respondents

Authorities

#

Legislation

  • Industrial Court (Procedure) Rules 2010Rule 32

Cases cited (8)

  • National Bank of Kenya v. Ndungu Njau
    Civil Appeal No. 211 of 1996 (unreported)
  • Harun Edagwa v Farmers Choice Limted Nairobi
    HCCC 2862 of 1990 (unreported)
  • Njoroge & 104 others v Savings & Loan Kenya Limited & Another
    [1990] KLR 78
  • Njoya & 6 Others v Attorney General & Another
    [2004] KLR 232
  • Jane Wanjiru Gitau v Kenya Power & Lighting Co. Ltd
    [2006] eKLR
  • Francis Origo & Another v. Jacob Kumali Mungala
    [2000] eKLR
  • Anders Bruel t/a Queencross Aviation v Kenya Civil Aviation Authority & Another
    [2013] eKLR
  • Jorim Wahore Marenya v Board of Trustees National Social Security Fund
    Cause 408 of 2010
Jurisdiction invoked
Rule 32 of the Industrial Court (Procedure) Rules 2010 (review jurisdiction)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Tailors & Textiles Workers Union v Moi University & another (Cause 1996 & 1997 of 2011 (Consolidated)) [2014] KEIC 108 (KLR)", Case Analysis (2014). Not stated in judgment (Review Application dated 24th January 2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keic/2014/108/eng@2014-06-19

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