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Kenya Union of Commercial, Food and Allied Workers v New Gaturi Farmers Cooperative Society Limited (Cause E011 of 2020) [2022] KEELRC 3901 (KLR) (16 September 2022) (Ruling)

[2022] KEELRC 3901 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
3901
Citation
[2022] KEELRC 3901 (KLR)
Decided
16 September 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeReview of JudgmentPostureApplication for review of judgmentCoramDKN MARETE
Holding

The court dismisses the application for review of the judgment.

Facts

The Kenya Union of Commercial, Food and Allied Workers filed an application for review of a judgment issued on July 19, 2021, regarding unpaid salaries. The grievants were acquitted in a criminal case on June 9, 2021.

Issues

  1. Whether the judgment should be reviewed due to new evidence
  2. Whether the judgment should be corrected due to the acquittal in the criminal case

Reasoning

The court finds that the application does not meet the criteria for review of judgment as the applicant has not demonstrated a case of new evidence that was unavailable at the time of trial and judgment and now relevant to the case.

Outcome

Application dismissed

Orders

  • Each party bears their own costs of the application

Authorities cited

Cases cited (2)
  • Evan Bwire v Andrew Aginda Civil Appeal No 147 of 2006
  • Jersey Evening Post Limited v AL Thani [2002] JLR 542
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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