Kenya Unio of Pre-Primary Education Teachers v County Public Service Board Kakamega County Government & 2 others; Salaries and Remuneration Commission (Interested Party) (Cause 9 of 2023) [2025] KEELRC 1414 (KLR)
The bottom line
#The Employment and Labour Relations Court in Kakamega ruled it cannot change its final judgment on teachers' gratuity; a concluded case can only be revisited through review or an appeal.
What this practically means
#Executive summary
#Key legal issues
#Whether the court is functus officio
Yes. The judgment of 16th April 2024 contained final substantive orders; the application was not a review, appeal, or execution proceeding, so the court cannot alter the gratuity computation period or formula.
The application cited Section 12 of the ELRC Act and Sections 1A & 3A of the Civil Procedure Act, none of which confers power to reopen a concluded judgment. Rule 75 permits only rectification of clerical mistakes and Rule 74 permits review on established grounds. No arithmetical slip was alleged. The claimant's real grievance — the applicable salary scale and period — was adjudicated in the judgment and can only be revisited on review or appeal.
Whether the application is meritorious
It is not; the respondents' computation was said to be in accordance with the judgment and the claimant sought to extend gratuity to July 2022 contrary to the judgment's period of 2015 to September 2020.
The court found the judgment clear and specific: gratuity at 31% based on the Vivien Ayuma formula for contracts from 2015 to September 2020. The claimant's demand for computation based on last salaries as at July 2022 and for a longer period introduced matters neither pleaded nor determined in the cause, and could not be pursued by way of such an application.
Legal principles established
#- A court becomes functus officio once it has delivered final substantive judgment and may only revisit it via the slip rule or review under the ELRC Procedure Rules
- Under the ELRC (Procedure) Rules 2024 there are only two instances in which a court may revisit its own judgment: rectification of clerical/arithmetic error (Rule 75) and review (Rule 74)
Court orders
#- 1.The notice of motion by the claimant dated 2nd December, 2024 is dismissed.
- 2.Each party to meet own costs.
- Jurisdiction invoked
- Section 12 of the Employment and Labour Relations Court Act; Sections 1A & 3A of the Civil Procedure Act; Employment and Labour Relations Court (Procedure) Rules 2024
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Unio of Pre-Primary Education Teachers v County Public Service Board Kakamega County Government & 2 others; Salaries and Remuneration Commission (Interested Party) (Cause 9 of 2023) [2025] KEELRC 1414 (KLR)", Case Analysis (2025). Cause No 9 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1414/eng@2025-05-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.