Kenya Union of Clinical Officers & 76 others v County Government of Vihiga & another (Employment and Labour Relations Claim 32 of 2021) [2024] KEELRC 455 (KLR) (29 February 2024) (Ruling)

Summary at a glance

Facts

The case involves a dispute between the Kenya Union of Clinical Officers and the County Government of Vihiga regarding costs and interest on salary arrears.

Issues

• Whether the Respondents' application is merited and whether the orders sought in the motion should be granted.
• Whether the Claimants' Notice of preliminary objection is sustainable.

Reasoning

The Court of Appeal decision in Peter Kirika Githaiga & another v Betty Rashid [2016] e KLR was applied, stating that it is not mandatory to annex the decree in proceedings before this court.

Outcome

The application for review is granted.

Orders

• The court shall have power to review its judgments, awards, orders or decrees in accordance with the Rules.
• An application for review of a decree or order of the court under subparagraphs (b), (c) or (d) shall be made to the Judge who passed the decree or made the order sought to be reviewed to any other judge if that judge is not attached to the court station.

Remedies

• The court may review its decision to conform to the findings of the review or quash its decision and order that the suit be heard again.

Authorities cited