Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
IndustrialOtherNot stated in extract· [2014] KEIC 146 (KLR)

Kakuzi Limited v Kenya Plantation & Agricultural Workers Union (Cause 992 of 2012) [2014] KEIC 146 (KLR)

Industrial Court of Kenya
15 January 2014
1,358 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 Industrial Court clarified its judgment on rest-day pay but refused to change it, warning that review cannot be used as a disguised appeal.

What this practically means

#

Executive summary

#
This is a ruling on an application for review of a judgment delivered on 28th June 2013, brought by the Respondent under Section 16 of the Industrial Court Act 2011 and Rule 32 of the Industrial Court (Procedure) Rules 2010, principally on the ground in Rule 32(1)(d) that the judgment required clarification. The applicant complained that the judgment was confusing: it found for the Claimant while also holding that the previous practice of paying rest days involved a complex formula that was not binding, and that the 2012 CBA provided for payment of rest days at double the daily rate. The Claimant opposed, arguing the application was relitigation and a second bite at the cherry, and cited authorities to that effect. The court held that on close examination the applicant had simply not digested the decision: the judgment already clearly held that rest days were paid using a complex formula which could be disregarded because the registered CBA, having the force of law, provided for payment of rest days. The court emphasised that it cannot sit on appeal on its own decision and must treat review applications with great caution to prevent relitigation. On timeliness, it accepted that a review after three months was not inordinately long, while observing that in civil cases it would be absurd to permit reviews beyond a reasonably short period. The application succeeded only insofar as clarification was given, but the June 2013 findings were not altered. Each party was ordered to bear their own costs.

Key legal issues

#
01

Whether the judgment required clarification under Rule 32(1)(d)

Holding

No further clarification was required; the judgment of 28th June 2013 already clearly held that rest days were paid under a complex formula which could be disregarded because the CBA, which has the force of law, provided for payment of rest days.

Reasoning

The court re-examined its June 2013 determination and found it plain: the Claimant had been paying rest days using a complex formula that should be simplified and was not binding given the registered CBA. Since the CBA is registered in the court and has the force of law, the court could not conceive of what further clarity could be brought. The respondent simply had not digested the decision.

p. 2
02

Whether the application was a disguised appeal or relitigation

Holding

Though at first flush an attempt at appeal, the application was properly one for clarification; however a party seeking to overturn findings must appeal, and courts will not allow a second bite at the cherry.

Reasoning

The court acknowledged the application appeared to appeal its own decision but concluded on close examination the respondent had not digested the judgment. The claimant correctly argued that a party dissatisfied with findings should appeal; the authorities cited were on point that review cannot be used to question the merits of a judgment or reopen evidence.

p. 3
03

Timeliness of the review application

Holding

A review brought three months after judgment was not inordinately long, though in civil cases reviews should not be permitted beyond a reasonably short period.

Reasoning

The court accepted that review can be sought within a reasonable time, even months after a decision for good cause, citing Joseph C. Musyoki v AG. It distinguished criminal cases, where greater latitude may apply since the applicant might be in custody, from civil cases where reviews beyond about three months would be absurd. Here the three-month delay was acceptable.

p. 3

Legal principles established

#
  • A court cannot sit on appeal on its own decision; review applications must be treated with great caution so as not to permit relitigation.
  • In civil cases it would be absurd to permit reviews beyond a reasonably short period such as three months.

Court orders

#
  1. 1.Clarification given: rest days were paid using a complex formula which could be disregarded since the CBA provided for payment of rest days
  2. 2.Each party to bear their own costs
  3. 3.It is so ordered
Jurisdiction invoked
Section 16 of the Industrial Court Act 2011 and Rule 32 of the Industrial Court (Procedure) Rules 2010

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kakuzi Limited v Kenya Plantation & Agricultural Workers Union (Cause 992 of 2012) [2014] KEIC 146 (KLR)", Case Analysis (2014). Not stated in extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keic/2014/146/eng@2014-01-15

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