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Court of AppealDismissedCivil Appeal 315 of 2015

Kenya Agricultural Research Institute v Kariuki & 16 others

Court of Appeal
28 April 2022
5,375 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~22 min to read original · ~4 min brief

The bottom line

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The Court of Appeal refused to reverse its own award of KShs.350,000 to 17 former employees, confirming that asking it to review its judgment rarely works.

What this practically means

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Executive summary

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This ruling of the Court of Appeal at Nakuru (Nambuye, Sichale and ole Kantai, JJ.A.) determines a notice of motion dated 30th January 2019 by the Kenya Agricultural Research Institute seeking review, setting aside and/or rescission of the Court's own judgment of 21st December 2018 in the second appeal, in which the Court had allowed the respondents' cross-appeal and awarded each cross-appellant KShs.350,000 as compensation for violation of constitutional rights. The applicant argued that the cross-appeal was barred by the doctrine of election (the respondents having first sought review and then appealed), that the Court was bound by pleadings containing no prayer for compensatory relief, and that the two judgments in the first and second appeals were contradictory, undermining the rule of law. The respondents countered that the competence of the cross-appeal had already been determined in the second appeal, that the Court's review jurisdiction under Benjoh Amalgamated is exceptional, and that the proper remedy for an erroneous conclusion of law was an appeal to the Supreme Court. The Court affirmed that it has residual jurisdiction to review its own decisions but only in exceptional situations where the need to obviate injustice outweighs the principle of finality. It held that its mandate extends to reopening 'a matter', not 'matters', and that the applicant's submissions were in substance an invitation to re-sit on its own appeal. The application was dismissed with costs to the respondents.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether this Court has power and mandate to review its judgment
  2. 2.Whether the applicant has satisfied the condition precedent for this Court to review its judgment delivered on 21st December 2018

Key legal issues

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01

Whether the Court of Appeal has power to review its own judgment

Holding

Yes - the Court has residual jurisdiction to review its decisions, as settled in Benjoh Amalgamated and subsequent cases, but it is exceptional and exercised with circumspection

Reasoning

The Court traced the jurisprudence from Nguruman, Benjoh, Standard Chartered Financial Services, Muktu Munge and Niels Bruel, concluding that although not explicitly conferred statutorily, a court of final resort has residual jurisdiction to reopen decided matters in cases of fraud, bias or other injustice, balancing the finality principle against the justice principle.

p. 7
02

Whether the applicant met the threshold for review

Holding

No - the applicant's grounds amounted to an invitation to revisit the merits and reasoning of both appeals, which would be re-sitting on its own appeal, not a review

Reasoning

The Court distilled three prerequisites from Standard Chartered: reopening a concluded matter (singular), interests of justice of all parties, and injustice outweighing finality. The applicant's submissions sought to displace the reasoning in the second appeal using the first appeal's conclusions, and the parties were polarized over the award rather than addressing the overriding injustice/finality balance.

p. 9

Legal principles established

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  • The Court of Appeal has residual jurisdiction to review and reopen its own concluded decisions, exercisable only in exceptional situations where the need to obviate injustice outweighs the principle of finality in litigation
  • The review jurisdiction is limited to reopening 'a matter', not 'matters', and cannot be used to revisit conclusions in a different, related appeal
  • A party cannot use the review jurisdiction to invite the Court to sit on appeal over its own decision; the remedy for an erroneous conclusion of law is an appeal to the Supreme Court

Court orders

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  1. 1.The notice of motion dated 30th January 2019 seeking review, setting aside and/or rescission of the order allowing the cross-appeal and awarding KShs.350,000 for each cross-appellant is dismissed
  2. 2.Costs of the application awarded to the respondents

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority
majority
majority
On appeal from
Court of Appeal at Nakuru (the court's own judgment of 21st December 2018, arising from the High Court/Industrial Court judgment of B. Ongaya, J. dated 3rd May 2013)
Nakuru Industrial Court Petition No. 2 of 2013
Jurisdiction invoked
Rules 42 and 57(2) of the Court of Appeal Rules, section 3B(a) of the Appellate Jurisdiction Act, Articles 27(1) and 50(1) of the Constitution; residual jurisdiction to review its own decisions as crystallized in Benjoh Amalgamated

Relief refused

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Review, setting aside and/or rescission of the order allowing the cross-appeal and awarding each cross-appellant KShs.350,000 compensation, and substitution with an order dismissing the cross-appeal

The Court's residual review jurisdiction is exceptional; the applicant's submissions amounted to an invitation to re-sit on its own appeal, and the need to obviate injustice did not outweigh the principle of finality

p. 9

Costs

Application dismissed with costs to the respondents

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

this Court is clothed with residual jurisdiction to reopen and rehear a concluded matter where the interest of justice demands, but that such jurisdiction will only be exercised in exceptional situations where the need to obviate injustice outweighs the principle of finality in litigation.
p. 8Residual review jurisdiction of the Court of Appeal
We reiterate our mandate is limited to revisiting and reopening “a matter” and not “matters”.
p. 8Scope of review - one matter, not multiple matters
If we were to venture into that arena, we would definitely be re-sitting on our own appeal and not a review.
p. 9Review cannot be used to re-argue the merits of the appeal
we find no merit in the application. It is accordingly dismissed with costs to the respondents.
p. 9Final orders - dismissal of the review application

Issues in the judgment

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minor

The judgment refers to the second appeal inconsistently as Civil Appeal No. 315 of 2015 and No. 305 of 2015

minor

The applicant is described as 'appellant' in its own written submissions quoted by the Court

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Agricultural Research Institute v Kariuki & 16 others", Case Analysis (2022). Civil Appeal 315 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/534/eng@2022-04-28

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.