Kenya Union of Domestic Hotel, Education Institutions and Hospital Workers (KUDHEIHA Workers) v Njoroge (Cause 708 of 2016) [2022] KEELRC 1672 (KLR) (12 May 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1672
- Citation
- [2022] KEELRC 1672 (KLR)
- Decided
- 12 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeReview of Employment and Labour Relations Court DecisionPostureApplication for review of a dismissal of a claimCoramMA ONYANGO, Makau
Holding
The application is dismissed with no remedy
Facts
The applicant, Kenya Union of Domestic Hotel, Education Institutions and Hospital Workers (KUDHEIHA Workers), sought to review a judgment dismissing their claim against Esther Njoroge. The applicant alleged that new evidence was discovered after the judgment was delivered.
Issues
- Whether the court has the power to review its judgment
- Whether the applicant has presented new and important matter or evidence that was not within the knowledge of the applicant at the time of the judgment
Reasoning
The court found the application lacking merit as it was an attempt to re-litigate a matter that has been finally determined, and the new evidence was not admissible due to the court's previous ruling.
Outcome
Application dismissed
Authorities cited
Cases cited (4)
- Employment and Labour Relations Court Act
- Employment and Labour Relations (Procedure) Rules 2016
- Kenya Union of Hair and Beauty Salon Workers v Black Beauty Products Ltd
- Shanzu Investment Ltd v the Commissioner of Lands
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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