Kenya Medical Research Institute v Attorney General & another; Agnes Muthoni & others (Interested Parties) [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Hon. Justice Hellen S. Wasilwa
Judgment Date
October 13, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of Kenya Medical Research Institute v Attorney General & another; Agnes Muthoni & others [2020] eKLR. Discover key insights and implications for legal practices and public health policies.

Case Brief: Kenya Medical Research Institute v Attorney General & another; Agnes Muthoni & others (Interested Parties) [2020] eKLR

1. Case Information:
- Name of the Case: Kenya Medical Research Institute v. The Attorney General & Others
- Case Number: Petition 31 of 2013
- Court: Employment and Labour Relations Court at Nairobi
- Date Delivered: 13th October 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Hellen S. Wasilwa
- Country: Kenya

2. Questions Presented:
The central legal issues the court must resolve include whether the court was functus officio regarding a previous judgment and whether the sum of Kshs. 50,569,000 plus accrued interest should be released to the claimants.

3. Facts of the Case:
The petitioner, Kenya Medical Research Institute, sought to contest a ruling made by the Employment and Labour Relations Court that declared it functus officio in relation to a previous judgment delivered on 18th October 2019. The first interested parties, led by Agnes Muthoni, argued for a review of this judgment, asserting that there was an error apparent on the face of the record. The case arose from a dispute regarding the payment of salaries owed to 35 claimants for the period from 17th December 2009 to 17th July 2015, which had been secured in a bank account pending appeal.

4. Procedural History:
The case has progressed through various stages, beginning with a petition filed on 6th August 2013. The court issued a judgment on 18th October 2019, which the applicants now seek to review. The applicants filed a Notice of Motion Application on 7th July 2020, which was opposed by the petitioner through a replying affidavit dated 14th September 2020. The court ultimately decided to review its previous judgment and addressed the issue of the funds deposited in the interest-earning account.

5. Analysis:
- Rules: The court considered Rule 33 of the Employment and Labour Relations (Procedure) Rules 2016, which allows for a review of judgments based on errors apparent on the record or for any other sufficient reason.
- Case Law: The court referred to several cases, including *Nyamogo & Nyamogo v. Kogo* [2001] EA 173, *National Bank of Kenya Limited v. Ndungu Njau* [1997] eKLR, and *Raila Odinga & Others v. Independent Electoral Boundaries Commission & Others* [2013] eKLR, which discuss the functus officio doctrine and its implications on merit-based re-engagement with cases.
- Application: The court found that the previous judgment declaring it functus officio was erroneous because the appeal that led to that ruling had been struck out, leaving no final judgment. Therefore, the court was not barred from addressing the issue of the funds. The court ordered the release of the Kshs. 50,569,000 to the interested parties, as there was no pending appeal.

6. Conclusion:
The court ruled that it was not functus officio regarding the direction on the funds deposited and ordered the release of the sum to the interested parties. This decision underscores the importance of clarity in procedural matters and the potential for review even after a judgment has been issued.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The Employment and Labour Relations Court ruled in favor of the interested parties, allowing for the release of Kshs. 50,569,000 plus interest, which had been held in a bank account due to a previous stay order. The court clarified its position regarding the functus officio doctrine, emphasizing that it could still address the matter as there was no final judgment barring it from doing so. This case highlights the court's role in ensuring justice and the enforcement of rights in employment matters.

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