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Case Brief · caselaw.co.ke
ELRCDismissedCause Number 185 of 2019 (Notice of Motion dated 12th March 2026 for review)

Charles Onchwati v Karen Blixen Coffee Garden & Cottages Limited

Employment & Labour Relations Court of Kenya
25 September 2026
5,215 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~21 min to read original · ~4 min brief

The bottom line

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The Employment Court dismissed a worker's late attempt to review a judgment he had already been fully paid on, confirming that litigation must end.

What this practically means

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Executive summary

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The claimant, who had obtained judgment against the respondent in this employment cause on 26th September 2025, filed a Notice of Motion dated 12th March 2026 seeking review, recall and/or vacation of that judgment under section 80 of the Civil Procedure Act, Order 45 of the Civil Procedure Rules and Rule 74 of the ELRC (Procedure) Rules, 2024. He alleged the court failed to determine pleaded items including service dues, unpaid leave, underpayment, salary arrears of KES 454,834, damages for listing with the Credit Bureau, and the commencement date of interest, and sought to introduce an NSSF statement, a cheque and demand correspondence as new evidence. The respondent, through Dr Bonnie Dunbar's affidavit, opposed, showing the decretal sum of Kshs. 2,642,204.80 plus agreed costs of Kshs. 184,994 had been fully paid, and arguing the application was an afterthought, an abuse of process, and an attempt to re-litigate determined issues and introduce unpleaded claims. Justice Jemimah Keli applied the Muyodi test for error apparent on the face of the record, held review is an alternative to appeal, found the six-month delay unreasonable by comparison with the 14-day appeal window, held the alleged new evidence was either within the applicant's knowledge or obtained post-judgment, and confirmed every impugned head had been considered in the original judgment. The application was dismissed with costs to the respondent.

Questions the Court framed

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

  1. 1.Whether the application for review is proper and merited
  2. 2.Whether the application was filed within a reasonable time
  3. 3.Whether the grounds raised constitute discovery of new and important matter or evidence, or an error apparent on the face of the record

Key legal issues

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01

Reasonable time under Rule 74

Holding

The application filed 6 months after judgment, after the decretal sum had been fully settled, was not filed within a reasonable time

Reasoning

The court compared the 6-month delay to the 14-day appeal window under Rule 77(2) of the Court of Appeal Rules, noted the decree had been satisfied in full, and held the delay offended Rule 74 and the principle that litigation must come to an end.

p. 11
02

Error apparent on the face of the record

Holding

None of the alleged omissions (service pay, leave allowance, salary arrears, credit bureau damages, interest) amounted to an error apparent on the face of the record; all were considered in the original judgment

Reasoning

The court reproduced its original findings on each head, held the complaints invited re-evaluation of merits which is the province of appeal, and applied the Muyodi test that a possible view adopted by the court cannot be an error for review.

p. 13
03

Discovery of new and important matter or evidence

Holding

The NSSF statement, cheque and demand letter/SMS exhibits did not qualify as new evidence as they were in the applicant's knowledge or obtained post-judgment

Reasoning

The NSSF statement bore no employer name and showed employment dated after the judgment; the cheque was dated 31st December 2018 and its non-delivery was within the applicant's personal knowledge; the demand letter and messages were in his possession throughout the proceedings.

p. 16
04

Abuse of court process and finality of litigation

Holding

Filing a review of a judgment already fully satisfied was an abuse of process and an afterthought

Reasoning

The respondent had paid the decretal sum of Kshs. 2,642,204.80 plus agreed costs of Kshs. 184,994; the applicant received payment then sought review of the same judgment, offending the principle that litigation must come to an end.

p. 11

Legal principles established

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  • An error apparent on the face of the record must be self-evident; an error requiring long-drawn reasoning or on which two opinions are possible is a ground for appeal, not review
  • Review is an alternative to appeal and must be brought within a reasonable time under Rule 74 of the ELRC (Procedure) Rules, 2024
  • A review application cannot be used to introduce new claims or re-litigate determined issues; parties are bound by their pleadings

Court orders

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  1. 1.The application for review is dismissed
  2. 2.Costs of the application awarded to the respondent

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules, applied through Rule 74 of the Employment and Labour Relations Court (Procedure) Rules, 2024

Relief refused

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Review, recall and/or vacation of the judgment delivered on 26th September 2025

Application filed outside a reasonable time, was an abuse of process after full settlement of the decree, and no error apparent on the face of the record or new evidence was established

p. 18

Substitution of the judgment with an appropriate judgment on service dues, unpaid leave, underpayment, salary arrears, credit bureau damages and interest

All issues were considered in the original judgment; the alleged new evidence was available at hearing or post-judgment; parties are bound by pleadings

p. 18

Costs

The application is dismissed with costs to the respondent.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The application is dismissed with costs to the respondent.
p. 18Final orders - dismissal of review application
An error which has to be established by long drawn process of reasoning or on points where there may conceivably be two opinions, can hardly be said to be an error apparent on the face of the record.
p. 10Test for error apparent on the face of the record
It is a truism that litigation must come to an end.
p. 11Finality of litigation
The court finds review is in the alternative to filing of appeal. Rule 74 requires an application for review to be filed within a reasonable time.
p. 10Review as alternative to appeal
A document in respect of which the Applicant claims personal knowledge of non-delivery since 2018 is, by definition, neither new nor undiscoverable.
p. 16New evidence under Rule 74

Issues in the judgment

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material

Conflicting judgment delivery dates within the judgment

minor

Typographical error in the demand letter date

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Charles Onchwati v Karen Blixen Coffee Garden & Cottages Limited", Case Analysis (2026). Cause Number 185 of 2019 (Notice of Motion dated 12th March 2026 for review). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2702/eng@2026-09-25

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