Kiguru v Uptext East Africa Limited & another (Cause E1109 of 2024) [2025] KEELRC 2703 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether an error apparent on the face of the record existed in the Ruling of 2nd May 2025
No error apparent; the Court properly applied Rule 68(3) based on the Director's bankruptcy statement and admission of liability
The original ruling was based on correspondence in which the Applicants' Director declared bankruptcy and on an admission in a Replying Affidavit acknowledging unpaid salary entitlement. The Court was entitled to infer a real and substantial risk that any award could be defeated by financial instability. The order was partial (USD 14,000 of a USD 48,000 claim) and proportionate. Alleged misconstruction of Rule 68(3) is a ground of appeal, not review, per National Bank of Kenya Ltd v Ndungu Njau.
Whether inability to comply with an order can ground review
No; inability to comply is not a permissible ground for review
Applying Francis Njoroge v Stephen Maina Kamore, allowing review merely because orders are inconvenient or cannot be complied with would set a dangerous precedent, exposing decisions that belong on appeal to attack before the same court under the guise of review.
Legal principles established
#- Rule 68(3) ELRC Rules does not require proof of imminent bankruptcy; a credible apprehension that satisfaction of a potential judgment could be defeated or frustrated suffices for a security deposit order
- Dissatisfaction with the findings in a ruling constitutes grounds of appeal, not grounds of review; review cannot be used to re-argue the merits of a decision
Court orders
#- 1.The Notice of Motion dated 19th May 2024 seeking review is dismissed
- 2.Costs shall be in the cause
- Jurisdiction invoked
- Rule 74(1) of the Employment and Labour Relations Court (Procedure) Rules, 2024 (review jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kiguru v Uptext East Africa Limited & another (Cause E1109 of 2024) [2025] KEELRC 2703 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2703/eng@2025-10-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.