Omanwa v The National Government Constituencies Development Fund (Cause 66 of 2018) [2022] KEELRC 1214 (KLR) (12 May 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1214
- Citation
- [2022] KEELRC 1214 (KLR)
- Decided
- 12 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent's Motion to Dismiss Res JudicataCoramON MAKAU
Holding
The suit is not res judicata.
Facts
The claimant, Relfe Tom Mongare Omanwa, was employed by the respondent, The National Government Constituencies Development Fund, until November 25, 2016. The claimant alleges unfair dismissal and seeks reinstatement and compensation.
Issues
- Whether the suit is res judicata
- Whether the claimant was unfairly dismissed or the contract expired
- Whether reliefs sought should issue
Reasoning
The Court found that the previous suit was not between the same parties or under the same title, and thus the doctrine of res judicata does not apply.
Outcome
The suit is not dismissed.
Orders
- The suit is not dismissed with costs as in the previous suit
Remedies
- A declaration that the claimant’s dismissal was unfair and unlawful
- An order for reinstatement without loss of benefits
- Compensation and damages for wrongful dismissal
- Costs of the claim
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (1)
- The Independent Electoral and Boundaries Commission v Maina Kiai & 5 others, [2017] eKLR
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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