Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedNot stated in judgment

Kenya Engineering Workers Union v Met-Al Masters Limited (Cause E627 of 2022) [2025] KEELRC 1660 (KLR)

Employment and Labour Relations Court
5 June 2025
1,356 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court dismissed a bid to review a judgment, confirming that disagreement with a ruling's reasoning is grounds for appeal, not review.

What this practically means

#

Executive summary

#
The claimant/applicant, through Wyclifie Amakombo Nyamwata, filed a review notice of motion dated 21.02.2025 under Section 16 of the Employment and Labour Relations Court Act, 2016, seeking review of the judgment delivered on 19.12.2024, which had disallowed the claimant's claims in totality, including prayers for service gratuity and leave allowance. The application was supported by the applicant's affidavit and a further affidavit, and urged that the court had erred in finding that fixed-term contracts lapsed, that the grievants continued working under implied contracts until September 2019 when they were declared redundant, and that new evidence had emerged showing the respondent paid salaries via M-pesa from July to September 2019. The respondent, through Njenga Sang & Company Advocates, filed grounds of opposition asserting the application was frivolous, vexatious, an abuse of process, filed after inordinate and unexplained delay, and tainted by material non-disclosure, as some cited grievants remained in active employment. The respondent further contended no error apparent on the face of the record was demonstrated. The court found no new or fresh evidence which with due diligence could not have been provided at the hearing, noting the grievants knew of the M-pesa payments all along. It held the applicant was essentially asking the court to change the reasoning in the judgment, which is dissatisfaction justifying an appeal and not a review. It also observed the parties had consented to determination based on pleadings and documents and were bound by that consent. The review application was dismissed, with each party bearing their own costs given the continuing industrial relationship.

Questions the Court framed

#

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

  1. 1.Whether new or fresh evidence which could not with due diligence be obtained at the hearing had been adduced to warrant review
  2. 2.Whether there was an error apparent on the face of the record in the judgment of 19.12.2024
  3. 3.Whether the application met the threshold for review, or whether it was an appeal disguised as review
  4. 4.Whether the inordinate delay and alleged non-disclosure disentitled the claimant to the discretionary relief of review

Key legal issues

#
01

Whether the Safaricom/M-pesa statements constituted new evidence justifying review

Holding

No; the claimants knew of the M-pesa payments all along and could have produced the evidence at the hearing, and it would not have changed the finding that the term contracts lapsed

Reasoning

The court held that for review on account of new evidence, the applicant must show the evidence could not with due diligence have been obtained at the hearing. Here the grievants knew they had been paid by M-pesa after the term contracts lapsed, so nothing prevented production of the evidence at the hearing. Further, the court doubted the evidence would have altered the finding that the fixed-term contracts, having breaks, caused the claims to collapse.

p. 3
02

Whether the application disclosed an error apparent on the face of the record

Holding

No; the applicant was essentially asking the court to change its reasoning, which amounts to dissatisfaction warranting appeal, not review

Reasoning

The court considered that beneath the allegation of fresh evidence, the applicant sought a change in the reasoning and findings in the judgment. Such dissatisfaction with the manner and reasons of the findings is a matter for appeal, not review. The court also noted the judgment was delivered on documents by consent, so blurred gaps may have existed, but parties are bound by their consent.

p. 3
03

Whether the delay and alleged non-disclosure defeated the application

Holding

The application was amenable to dismissal as no known ground for review was established

Reasoning

The respondent opposed the application as fatally defective for inordinate and unexplained delay of over three months after judgment, and for material non-disclosure, asserting some grievants remained in active employment. The claimant's further affidavit explained the delay by loss of income, relocation to rural homes and the Christmas holidays. The court upheld the respondent's case that no known ground for review had been established.

p. 4

Legal principles established

#
  • Review is not a remedy for a party merely dissatisfied with the reasoning in a judgment; such dissatisfaction is a ground for appeal, not review
  • Parties are bound by their consent to have a suit determined on documents, and cannot seek review on the basis of evidentiary gaps arising from that mode of determination

Court orders

#
  1. 1.The review application dated 21.02.2025 is dismissed
  2. 2.Each party to bear own costs of the application

The bench

#

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

majority

Wrote the judgment

Jurisdiction invoked
Section 16 of the Employment and Labour Relations Court Act, 2016

Relief refused

#

Review of the judgment delivered on 19.12.2024

No known ground for review was established; the alleged fresh evidence was known all along and would not have changed the finding, and the applicant was essentially seeking to re-litigate the reasoning, which is a matter for appeal

p. 4

Service gratuity and leave allowance as per the memorandum of claim

These were consequential on the review sought; the review having failed, the prayers in the memorandum of claim could not be granted

Costs of the application against the respondent

The application was dismissed with each party bearing their own costs

p. 4

Costs

Each party to bear own costs of the application

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.

There is no shown new or fresh evidence which with due diligence could not be provided at the hearing.
p. 3threshold for review on account of new evidence
It is that such would be a dissatisfaction to justify an appeal and not a review.
p. 3distinction between appeal and review
In any event, the parties are bound by their consent.
p. 3binding effect of consent to determine suit on documents
In conclusion the application is hereby dismissed with orders each party to bear own costs of the application.
p. 4final orders

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kenya Engineering Workers Union v Met-Al Masters Limited (Cause E627 of 2022) [2025] KEELRC 1660 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1660/eng@2025-06-05

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