Automated Summary
Key Facts
The Employment and Labour Relations Court of Kenya dismissed a review application by the Board of Management of Kagumo Teachers Training College (claimant) seeking to overturn a 2014 court order. The claimant argued the court was not informed about distinctions in Legal Notice No. 262 of 1993 between professional and non-professional staff, but the court found no valid grounds for review. The respondent, Kenya Union of Domestic, Hotels, Education Institutions & Hospital Workers (KUDHEIHA Workers), successfully opposed the review, citing prior concession by the claimant on the legal notice's applicability and lack of new evidence.
Issues
- The claimant cited delayed negotiations until 23.01.2015 as a reason for seeking review. The court dismissed this, emphasizing that review jurisdiction does not permit introducing new issues after trial completion.
- The respondent argued that the claimant conceded the legal notice's applicability during the original hearing, limiting the review to fund availability. The court found reopening the legal notice's provisions would introduce a new issue not part of the original proceedings.
- The claimant sought review of the 25.01.2014 order on grounds that the court was not informed about the distinction between professional and non-professional cadres under Legal Notice 262 of 1993, which could alter the application of civil service terms to non-professional staff. The court determined this constitutes a new issue not previously considered.
Holdings
The court dismissed the claimant's review application, finding that they failed to establish any grounds for review under Order 45. The court also determined that reopening the issue of the legal notice's application to different staff cadres would introduce a new issue not previously considered. Consequently, the review application was dismissed with costs.
Remedies
- The application for review filed by the claimant on 24.02.2015 is dismissed.
- The costs of the application are awarded to the respondent.
Legal Principles
The court dismissed the review application, applying the principle of res judicata. It held that parties cannot re-litigate issues already decided by a court, particularly when the claimant conceded the legal notice applied but later attempted to challenge its interpretation. The court emphasized that review jurisdiction is not intended to permit the introduction of new issues post-trial.
Precedent Name
Kudheiha v B.O.G Ngaru Girls Secondary School
Cited Statute
- Civil Procedure Act
- Basic Education Act
- Civil Procedure Rules
Judge Name
Byram Ongaya
Passage Text
- The court has considered the rival submissions and finds that the claimant has failed to establish any of the prescribed grounds for review. The court further finds that the respondent has urged valid grounds to oppose the application.
- In conclusion, the application for review filed by way of the notice of motion dated 24.02.2015 is dismissed with costs.