Grace Akinyi Ahawo v Kenya Airports Authority [2018] KEELRC 826 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 826
- Citation
- [2018] KEELRC 826 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication for Review of Special DamagesPostureApplication for review of special damages awarded in a previous judgmentCoramRadido Stephen
Holding
The application is dismissed as the error by the Court when delivering judgment to address an issue which rose clearly from the pleadings and evidence is not curable through the review jurisdiction. It should be taken on appeal.
Facts
The applicant Grace Akinyi Ahawo sought orders for monthly salary, house allowance, leave days, and one year service pay, but the Employment and Labour Relations Court (ELRC) awarded special damages instead.
Issues
- Whether the omission to award the claimed special damages is curable under the review jurisdiction
- Whether the applicant met the test for review as outlined in Rule 33(1) of the Employment and Labour Relations Court (Procedure) Rules, 2016
Reasoning
The Court found that the omission to award the claimed special damages is not curable under the review jurisdiction and that the applicant did not meet the test for review.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Employment Act, 2007
- Employment and Labour Relations Court (Procedure) Rules, 2016
Cases cited (2)
- Mohammed Eltaff & 3 Others v. Dream Camp Kenya Ltd (2005) EKLR
- Odd Jobs vs. Mubia (1970) E A 476
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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