Runo t/a Page & Page Ventures v Namileli (Civil Cause 148 of 2021) [2025] KEMC 354 (KLR)
The bottom line
#A Kenyan court threw out a request to review a 2023 judgment because the applicant waited nearly two years with no explanation for the delay.
What this practically means
#Executive summary
#Key legal issues
#Whether the application met the threshold for review under Rule 74 of the ELRC (Procedure) Rules, 2024
The application failed because it was not brought within a reasonable time; the delay of almost two years from the judgment was unexplained
Rule 74(1) requires a review application to be made within a reasonable time. The judgment was delivered on 13/07/2023 (stated elsewhere as 23/07/2023) and the application was filed on 01/07/2025, a delay of almost two years. No justification was offered. Meanwhile the applicant had filed multiple applications before this court and the ELRC, all dismissed, showing indolence and abuse of process.
Whether an appeal was pending against the impugned judgment
No appeal was pending; the draft Memorandum of Appeal had been dismissed in Nakuru ELRC Miscellaneous Application No. E033 of 2024
The respondent argued an appeal was pending. The court noted the draft Memorandum of Appeal was the subject of a ruling in Miscellaneous Application No. E033 of 2024, which dismissed it, permitting the presumption that no appeal was filed or pending. This removed that ground of opposition but the delay ground remained decisive.
Legal principles established
#- An application for review must be made within a reasonable time, and an unexplained delay of almost two years is not a reasonable time
- A review application filed late after multiple dismissed applications is an abuse of court process
Court orders
#- 1.The Notice of Motion dated 21/02/2025 seeking review of the judgment of 13/07/2023 is dismissed
- 2.No orders for costs - each party to bear own costs
- Jurisdiction invoked
- Rule 74 of the Employment and Labour Relations Court (Procedure) Rules, 2024; Sections 1A, 1B, 3, 3A and 80 of the Civil Procedure Act; Article 50(1) and 159(2) of the Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Runo t/a Page & Page Ventures v Namileli (Civil Cause 148 of 2021) [2025] KEMC 354 (KLR)", Case Analysis (2025). Not stated in judgment (file number omitted). Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/354/eng@2025-12-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.