George Nyakundi Ombaba v Attorney General [2021] KEELRC 1748 (KLR)
- 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
- Whether the court is functus officio
- Whether the application has been made after unreasonable delay
- 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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