Mogaka v Young Women Christian Association of Kenya & 2 others (Cause 541 of 2023) [2025] KEELRC 344 (KLR)
The bottom line
#The Employment Court refused to fix its own earlier contradictory ruling through review, telling the employer to appeal instead.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the impugned parts of the Ruling of 4 April 2024 constituted an error apparent on the face of the record correctable through review
- 2.Whether a court of concurrent jurisdiction can review its own decision where it had held it lacked jurisdiction yet determined the merits
- 3.Whether the denial of costs could be remedied through review
Key legal issues
#Scope of review jurisdiction vis-à-vis appellate jurisdiction
The Court declined to review its own Ruling; the alleged errors went beyond an error apparent on the face of the record and any remedy lies on appeal
The prior Ruling had struck out the Cause as time-barred while ordering payment of salary, despite holding no jurisdiction. The Court, relying on Owners of Motor Vessel 'Lillian S', noted a court without jurisdiction must down tools. Determining merits despite lacking jurisdiction was more than a facial error; and an order lacking legal basis or a denial of costs cannot be corrected on review. The proper avenue is appeal.
Legal principles established
#- A court without jurisdiction must down tools and cannot make further steps in the proceedings
- Review jurisdiction is confined to errors apparent on the face of the record and cannot cure orders lacking legal basis or remedy denial of costs
Court orders
#- 1.The Motion dated 4 June 2024 is dismissed with costs in the cause.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Review jurisdiction of the ELRC over its own orders (error apparent on the face of the record)
Relief refused
#Review and setting aside of the Ruling passages declaring the Respondent owed the Claimant salary and must pay it
Beyond an error apparent on the face of the record; no legal basis cannot be cured by review
Costs of the suit (order denying costs)
Denial of costs is not remediable through review
Costs
Motion dismissed with costs in the cause
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Jurisdiction is everything. Without it, a court has no power to make one more step. Where a court has no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence.
The Motion dated 4 June 2024 is dismissed with costs in the cause.
Perhaps, the Respondents' avenue lies through an appellate jurisdiction.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mogaka v Young Women Christian Association of Kenya & 2 others (Cause 541 of 2023) [2025] KEELRC 344 (KLR)", Case Analysis (2025). Not stated in excerpt (Cause struck out on 4 April 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/344/eng@2025-02-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.