Njoki v University of Nairobi (Employment and Labour Relations Cause 2411 of 2017) [2023] KEELRC 150 (KLR)
The bottom line
#A Kenyan court refused to review a Kshs 307,800 judgment, ruling that overlooking written submissions doesn't justify review when pleadings and evidence were considered.
What this practically means
#Executive summary
#Key legal issues
#Whether omission of the parties' submissions from the court file warranted review of the judgment
No - the court considered pleadings, evidence, law and facts; non-consideration of submissions caused no prejudice and is not a ground for review
The court had given parties until April 7, 2022 to file submissions but none were on the file when judgment was written. Rather than delay justice, judgment was delivered on the pleadings and evidence. Applying its own earlier decision in Albert Yawa Katsenga and the Court of Appeal decision in Airtel Networks v Nyutu Agrovet, submissions are neither obligatory nor a prerequisite; their omission caused no prejudice. No ground under section 33 of the ELRC (Procedure) Rules was established.
Legal principles established
#- Failure by the court to consider written submissions does not, where the court considered the pleadings, evidence, law and facts, constitute an error apparent on the face of the record or prejudice justifying review
Court orders
#- 1.Orders 3, 4, 5, 6 and 7 of the notice of motion application dated September 8, 2022 are dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Section 33 of the Employment and Labour Relations Court (Procedure) Rules; Order 45 Rule 1 and Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njoki v University of Nairobi (Employment and Labour Relations Cause 2411 of 2017) [2023] KEELRC 150 (KLR)", Case Analysis (2023). Cause No 2411 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/150/eng@2023-01-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.