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MagistrateDismissedNot stated in judgment (file number omitted)· [2025] KEMC 354 (KLR)

Runo t/a Page & Page Ventures v Namileli (Civil Cause 148 of 2021) [2025] KEMC 354 (KLR)

Magistrates' Court (employment matter heard at Nakuru)
4 December 2025
1,616 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~6 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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The applicant moved the court by Notice of Motion dated 21/02/2025, invoking Articles 50(1) and 159(2) of the Constitution, Sections 1A, 1B, 3, 3A and 80 of the Civil Procedure Act and various Orders of the Civil Procedure Rules, seeking review, vacation and setting aside of the judgment of 13/07/2023 which had been entered in favour of the claimant after an undefended hearing of 30/05/2023. The applicant attributed his absence to his former advocate's failure to inform him of the hearing date, alleged counsel's negligence, and relied on a purported DCI forensic report and an Occurrence Book entry at Kaptembwa Police Station indicating that a document relied on by the claimant was a forgery. The respondent opposed, arguing the application was misconceived and an abuse of process: no fraud was ever pleaded, no forgery complaint was raised in earlier applications for stay (a chamber summons dated 25/08/2023 dismissed on 28/05/2024, and Nakuru ELRC Miscellaneous Application No. E033/2024 dismissed with costs on 06/12/2024), and no charges had been brought against him. The court framed a single issue: whether the application met the Rule 74 review threshold. It found the draft Memorandum of Appeal had been dismissed, so no appeal was pending, but held the application fatal on timeliness: filed on 01/07/2025, almost two years after judgment, with no explanation. It found the application an abuse of process, misconceived and otiose, and dismissed it with no orders for costs on 04/12/2025.

Key legal issues

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01

Whether the application met the threshold for review under Rule 74 of the ELRC (Procedure) Rules, 2024

Holding

The application failed because it was not brought within a reasonable time; the delay of almost two years from the judgment was unexplained

Reasoning

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.

p. 4
02

Whether an appeal was pending against the impugned judgment

Holding

No appeal was pending; the draft Memorandum of Appeal had been dismissed in Nakuru ELRC Miscellaneous Application No. E033 of 2024

Reasoning

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.

p. 3

Legal principles established

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  • 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

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  1. 1.The Notice of Motion dated 21/02/2025 seeking review of the judgment of 13/07/2023 is dismissed
  2. 2.No orders for costs - each party to bear own costs

Authorities

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Legislation

  • Constitution of KenyaArticle 50(1)
  • Constitution of KenyaArticle 159(2)
  • Civil Procedure ActSections 1A, 1B, 3, 3A and 80
  • Civil Procedure RulesOrder 9 Rule 9, Order 40, Order 45 Rule 1, Order 51 Rule 1
  • Employment and Labour Relations Court (Procedure) Rules, 2024Rule 74
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

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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, "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.