M W M v M F S [2015] KEELRC 1455 (KLR)

Summary at a glance

Facts

The respondent sought to review and set aside the court's judgment on the grounds of existence of new and important evidence, existence of reasons justifying the setting aside of the judgment, and error apparent on the face of the record.

Issues

• Whether the applicant has proved the grounds for review on a balance of probability.
• Whether the applicant's counsel's failure to seek leave to enjoin the perpetrators of sexual harassment amounts to sufficient reason for review.

Reasoning

The court found that the applicant did not prove the existence of new and important evidence, mistake or error apparent on the face of the record, or any other sufficient reason to warrant review. The court dismissed the allegation of negligence as insufficient.

Outcome

The applicant's Motion for review is dismissed.

Orders

• The applicant's notice of Motion dated 24/6/2014 is dismissed with costs.