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Supreme CourtDismissedCivil Application 16 of 2020

Onyango & 23 others v Heritage Insurance Company Limited

Supreme Court of Kenya
24 March 2021
3,372 words in judgment
View original judgmentRead on Kenya LawDownload the judgment (PDF) Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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Supreme Court refused appeal because case only involved specific facts, not a general legal question.

What this practically means

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The Supreme Court dismissed an application from 24 former employees of Heritage Insurance who wanted to appeal a redundancy ruling. The Court said their case was about specific facts between the parties, not a legal issue affecting the public. The law on company handbooks is already settled, so there was no reason for the Supreme Court to hear the matter. The case ends at the Court of Appeal.

Executive summary

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This was an application for certification to appeal to the Supreme Court under Article 163(4)(b) of the Constitution, arising from a redundancy dispute. The Applicants, 24 former employees of Heritage Insurance Company Limited, had their employment terminated on redundancy. The Employment and Labour Relations Court awarded them compensation, but the Court of Appeal set aside that judgment, finding that the 2013 Human Resource Handbook applied, there was no discrimination, and the redundancy was lawful. The Court of Appeal also declined to certify the matter for appeal to the Supreme Court, ruling it did not raise issues of general public importance. The Applicants then sought review by the Supreme Court. The Supreme Court dismissed the application, applying the principles from Hermanus Philipus Steyn v. Giovanni Gnecci-Ruscone, Malcolm Bell v. Hon. Daniel Toroitich arap Moi & Another, and Town Council of Awendo v Nelson Oduor Onyango & 13 others. The Court held that the Applicants failed to demonstrate that the issues transcended the circumstances of the particular case, did not plead the authorities they alleged the Court of Appeal departed from, and the binding nature of company handbooks is already settled law. The Court affirmed the Court of Appeal's decision and ordered the Applicants to bear the Respondent's costs.

Questions the Court framed

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

  1. 1.Whether the matters raised by the Applicant are of general public interest and importance as required by Article 163(4)(b) of the Constitution?

Key legal issues

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01

Whether the intended appeal raises matters of general public importance under Article 163(4)(b) of the Constitution.

Holding

The intended appeal does not qualify for certification because the issues raised are factual and specific to the parties, not transcending the circumstances of the case, and the Applicants failed to demonstrate any uncertainty in the law or departure from settled precedent.

Reasoning

The Supreme Court applied the principles from Hermanus Philipus Steyn v. Giovanni Gnecci-Ruscone, Malcolm Bell v. Hon. Daniel Toroitich arap Moi & Another, and Town Council of Awendo v Nelson Oduor Onyango & 13 others. The Court found that the Applicants did not plead the authorities they alleged the Court of Appeal departed from, and the issues raised (such as which human resource handbook applied) were contested facts between the parties. The Court also noted that the binding nature of company handbooks is already settled law, citing CMC Aviation Limited v Mohammed Noor and Kenfreight (E.A.) Limited v Benson K. Nguti. Therefore, the application failed to meet the threshold for certification.

Legal principles established

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  • For an appeal to reach the Supreme Court, the issue must go beyond the specific case and affect the public interest.
  • If the law is uncertain due to conflicting court decisions, the Supreme Court may resolve it or send it back to the Court of Appeal.
  • Simply fearing an unfair outcome is not enough to get a case to the Supreme Court.
  • The person seeking to appeal must clearly state which parts of their case are of general public importance.
  • Disputes about facts between parties alone cannot justify a Supreme Court appeal.

Court orders

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  1. 1.The Application dated 2nd July 2020, is hereby dismissed.
  2. 2.The Applicants shall bear the costs of the Respondent in relation to this application.

The bench

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

Philomena Mbete Mwilu
P. M. MwiluSCJ
Currently serving
majority

Wrote the judgment

majority
Smokin Charles Wanjala
S. C. WanjalaSCJ
Currently serving
majority
Njoki Susanna Ndungu
Njoki NdunguSCJ
Currently serving
majority
Isaac Lenaola
I. LenaolaSCJ
Currently serving
majority
On appeal from
Court of Appeal at Nairobi
Civil Appeal No. 114 of 2016
Jurisdiction invoked
Article 163(4)(b) of the Constitution

Relief refused

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Certification to appeal to the Supreme Court

The intended appeal does not qualify for certification for final appeal before the Supreme Court; the Applicants have not demonstrated how a determination of their issues transcend the parties herein.

Costs

The Applicants shall bear the costs of the Respondent in relation to this application.

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.

for an intended appeal to be certified as one involving a 'matter of general public importance,' the intending appellant is to satisfy the Court that the issue to be canvassed on appeal is one the determination of which transcends the circumstances of the particular case, and has a significant bearing on the public interest
p. 6 Certification for appeal to Supreme Court - general public importance
mere apprehension of miscarriage of justice, a matter most apt for resolution in the lower superior courts, is not a proper basis for granting certification for an appeal to the Supreme Court
p. 6 Certification - miscarriage of justice insufficient
the intending applicant has an obligation to identify and concisely set out the specific elements of 'general public importance,' which he or she attributes to the matter for which certification is sought
p. 6 Certification - obligation to specify elements
determinations of fact in contests between parties are not, by and of themselves, a basis for granting certification for an appeal before the Supreme Court
p. 6 Certification - factual determinations insufficient
The Application dated 2nd July 2020, is hereby dismissed.
p. 7 Final order - dismissal of application
The Applicants shall bear the costs of the Respondent in relation to this application.
p. 8 Costs order

Key timeline

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Before 2020
24 employees of Heritage Insurance were made redundant.
Unknown
Employment and Labour Relations Court awarded compensation to the employees.
Unknown
Court of Appeal set aside the award, ruling redundancy was lawful.
2020-07-02
Employees applied to Supreme Court for certification to appeal.
Unknown
Supreme Court dismissed the application, affirming the Court of Appeal decision.

Practical implications

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For lawyers

Certification threshold for Supreme Court appeals

When seeking certification under Article 163(4)(b), you must clearly show the issue transcends your client's case and affects the public. Mere factual disputes or allegations of injustice won't suffice. You must also cite the specific precedents you claim were departed from, as the Court rejected the application for failing to do so.

For businesses

Redundancy processes and handbooks

The Court of Appeal's decision that the 2013 handbook applied and the redundancy was lawful stands. Ensure your HR handbooks are clear, consistently applied, and updated. The Supreme Court will not revisit factual disputes about which handbook governs, so get it right at the lower courts.

For individuals

Limits on appealing redundancy cases

If you lose a redundancy case at the Court of Appeal, getting to the Supreme Court is very difficult. You must prove the case raises a legal question affecting many people, not just your own situation. This application failed because the issues were specific to the 24 employees and Heritage Insurance.

Frequently asked questions

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Can I appeal a redundancy case to the Supreme Court in Kenya?+

Only if the case raises a matter of general public importance, not just your personal dispute. The Supreme Court dismissed this application because the issues were specific to the parties and did not affect the public broadly.

What is a matter of general public importance in Kenyan law?+

It is a legal issue that goes beyond the particular case and has significant public interest. The Supreme Court has strict criteria: the issue must transcend the circumstances of the case and have a bearing on the public interest.

Does the Supreme Court hear all appeals from the Court of Appeal in Kenya?+

No. Only appeals involving constitutional interpretation or certified matters of general public importance. Most employment cases, like this redundancy dispute, end at the Court of Appeal.

What happened in Christopher Onyango v Heritage Insurance in Kenya?+

24 employees were made redundant. The Court of Appeal ruled the redundancy was lawful. The Supreme Court refused to hear a further appeal because the case did not raise a general legal question, only facts specific to the parties.

Cite this brief

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Cite this brief

Caselaw, "Onyango & 23 others v Heritage Insurance Company Limited", Case Analysis (2021). Civil Application 16 of 2020. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2021/56/eng@2021-03-24

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