Sirma & another v National Industrial Training Authority & another (Cause E444 of 2024) [2026] KEELRC 78 (KLR) (23 January 2026) (Ruling)

Summary at a glance

Facts

The Claimants seek to review a Ruling by SC RUTTO, J, which struck out their claim and dismissed the Preliminary Objection of the 1st Respondent. The Claimants argue that the Ruling overlooked their Grounds of Opposition and submissions.

Issues

• Whether the Claimants have demonstrated sufficient grounds to justify a review of the Ruling
• Whether the cause of action crystallized on the date of dismissal or on the date of the 2nd Respondent's appellate determination

Reasoning

The Court concludes that the grounds for review do not demonstrate any error apparent on the face of the record nor fall within the categories envisaged under the Rule to justify a review. The issues raised essentially challenge the merits of the Ruling, which fall within the ambit of an appeal.

Outcome

The Court dismisses the Notice of Motion.

Orders

• The Notice of Motion is dismissed.
• The Claimants’ costs are ordered to be borne by the Respondents.

Authorities cited