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George Nyakundi Ombaba v Attorney General [2021] KEELRC 1748 (KLR)

[2021] KEELRC 1748 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1748
Citation
[2021] KEELRC 1748 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeReview of JudgmentPostureClaimant seeks review of judgment awarding salary arrearsCoramONESMUS N. MAKAU
Holding

The court is not functus officio and the application is not made after unreasonable delay, but the claimant's award was correct

Facts

Claimant was placed on suspension for 20 months and awarded salary arrears of Kshs. 753,800 instead of Kshs. 844,790

Issues

  1. Whether the court is functus officio
  2. Whether the application has been made after unreasonable delay
  3. Whether the application meets the legal threshold required for the court to review its judgment

Reasoning

The court can still be moved for review on grounds of an apparent error on the face of the record. The delay is unreasonable and the claimant's award was correct

Outcome

The application is dismissed

Orders

  • Correction of a clerical error in the judgment

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Employment and Labour Relations Court Rules, 2016
Cases cited (2)
  • National Bank of Kenya v Ndungu Njau
  • Nyamogo and Nyamogo v Kogo
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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