1. The appellant filed an application for review of the judgment of the court dated 23rd May 2025 in the instant appeal, which application was by way of Notice of Motion dated 17th December, 2025 brought under Sections 1A,1B and 3A of the Civil Procedure Act and Orders 45 rule 1 and Order 50 of the Civil Procedure Rules and all enabling laws and seeking for Orders-
1) THAT this Honourable Court be pleased to review its judgment delivered on 23rd May, 2025 to rectify the erroneous reference to the award made in DOSH WIBA 4 dated 24 June, 2024 of Kshs. 1,209,600.00 to read the award adopted is in respect of the Amended DOSH WIBA 4 dated 29th August, 2024, of Kshs. 1, 572, 616.70.
2) THAT upon review of the said judgment, the amended decree be issued accordingly.
3) THAT the costs of this Application be in the cause.
Grounds of the application
2. THAT on 3rd June, 2023, the Appellant sustained injuries while at work and later notified the Director of Occupational Safety and Health services through the DOSH FORM 1.
3. THAT the Director of Occupational Safety and Health Services made his assessment and awarded the Appellant Kshs. 1,209,600.00 through DOSH WIBA 4 dated 24th June, 2024.
4. THAT the Appellant was dissatisfied with the said assessment and later filed an objection to the same through DOSH WIBA 12 to have the said DOSH WIBA 4 dated 24th June, 2024 amended.
5. THAT the same was amended through the Amended DOSH WIBA 4 dated 29th August, 2024 and the Appellant was awarded Kshs. 1, 572,616.70.
6. THAT the Appellant thereafter filed an Appeal in this Honourable Court against the decision of the Director of Occupational Safety and Health Services made on 29th August, 2024 through the Amended DOSH WIBA 4, to have the said award of Kshs. 1,571,616.70 varied.
7. THAT on 23rd May, 2025, the Honourable court delivered its judgment on the same and found no basis to disturb the said award.
8. THAT however, the said judgment quoted the initial award of Kshs. 1,209,600.00 given under DOSH WIBA 4 dated 24 June, 2024 Instead of the award given under the Amended DOSH WIRA 4 dated 296 August, 2024 after the objection which is the subject of the appeal and which is Kshs. 1,571,616.70.
9. THAT the said error is clerical and not a matter requiring an appeal as it does not involve re- evaluation of evidence but simple correction.
10. THAT unless the said error is corrected, the said error has potential to cause confusion, hinder execution and distort the effect of the said judgment.
11. THAT this Application has been brought without reasonable delay.
12. THAT it is in the best interest of justice that this Honourable Court reviews and corrects the Judgment delivered on 23 May. 2025 and the award to read Kshs. 1, 571, 616.70 and not Kshs. 1,209,600.00 as indicated therein.
13. The application was supported by the affidavit of the applicant reiterating the same grounds in the application.
14. The application was unopposed.
Decision
15. The issue for determination was whether the application for review of the judgment in the appeal had merit.
16. The Employment and Labour Relations Court (Procedural) Rules ,2024, Rule 74 provides for review of decisions as follows-
74. Review
(1)A person who is aggrieved by a decree or an order from which an appeal is allowed but from which no appeal is preferred or from which no appeal is allowed, may within reasonable time, apply for a review of the judgment or ruling—
(a)if there is discovery of a new and important matter or evidence which, despite the exercise of due diligence, was not within the knowledge of that person or could not be produced by that person at the time when the decree was passed or the order made;
(b)on account of some mistake or error apparent on the face of the record;
(c)if the judgment or ruling requires clarification; or
(d)for any other sufficient reason.
(2)An application for review of a decree or order of the Court under subrule (1) shall be made to the judge who passed the decree or made the order sought to be reviewed or to any other judge if that judge is not attached to the Court station.
(3)A party seeking review of a decree or order of the Court shall apply to the Court by way of notice of motion supported by an affidavit and shall file a copy of the Judgment or decree or ruling or order to be reviewed.
(4)The Court shall, upon hearing an application for review, deliver a ruling allowing or dismissing the application.
(5)Where an application for review is granted, the Court may review its decision to conform to the findings of the review or quash its decision and order that the suit be heard again.
(6)An order made for a review of a decree or order shall not be subject to further review.’
17. The court identified an error apparent on the face of its judgment delivered on 23rd May 2026. The error is that the said judgment quoted the initial award of Kshs. 1,209,600.00 given under DOSH WIBA 4 dated 24 June, 2024, instead of the award issued under the Amended DOSH WIBA 4 dated 29 August, 2024, following the objection, which is the subject of the appeal and which is Kshs. 1,571,616.70.
18. The review is allowed. Paragraph 16 of the Judgment is in error, as that was not an issue in the memorandum of appeal, and is deleted. The Honourable Court is pleased to review its judgment delivered on 23rd May, 2025 to rectify the erroneous reference to the award made in DOSH WIBA 4 dated 24 June, 2024 of Kshs. 1,209,600.00 to read the award adopted is in respect of the Amended DOSH WIBA 4 dated 29th August, 2024 of Kshs.1,572, 616.70.
19. The amended decree to be issued accordingly.
20. I make no order as to costs in the application.
21. It is so Ordered.
DATED, SIGNED, AND DELIVERED VIRTUALLY AT NAIROBI THIS 29TH DAY OF JULY, 2026.
1) THAT this Honourable Court be pleased to review its judgment delivered on 23rd May, 2025 to rectify the erroneous reference to the award made in DOSH WIBA 4 dated 24 June, 2024 of Kshs. 1,209,600.00 to read the award adopted is in respect of the Amended DOSH WIBA 4 dated 29th August, 2024, of Kshs. 1, 572, 616.70.
2) THAT upon review of the said judgment, the amended decree be issued accordingly.
3) THAT the costs of this Application be in the cause.
Grounds of the application
2. THAT on 3rd June, 2023, the Appellant sustained injuries while at work and later notified the Director of Occupational Safety and Health services through the DOSH FORM 1.
3. THAT the Director of Occupational Safety and Health Services made his assessment and awarded the Appellant Kshs. 1,209,600.00 through DOSH WIBA 4 dated 24th June, 2024.
4. THAT the Appellant was dissatisfied with the said assessment and later filed an objection to the same through DOSH WIBA 12 to have the said DOSH WIBA 4 dated 24th June, 2024 amended.
5. THAT the same was amended through the Amended DOSH WIBA 4 dated 29th August, 2024 and the Appellant was awarded Kshs. 1, 572,616.70.
6. THAT the Appellant thereafter filed an Appeal in this Honourable Court against the decision of the Director of Occupational Safety and Health Services made on 29th August, 2024 through the Amended DOSH WIBA 4, to have the said award of Kshs. 1,571,616.70 varied.
7. THAT on 23rd May, 2025, the Honourable court delivered its judgment on the same and found no basis to disturb the said award.
8. THAT however, the said judgment quoted the initial award of Kshs. 1,209,600.00 given under DOSH WIBA 4 dated 24 June, 2024 Instead of the award given under the Amended DOSH WIRA 4 dated 296 August, 2024 after the objection which is the subject of the appeal and which is Kshs. 1,571,616.70.
9. THAT the said error is clerical and not a matter requiring an appeal as it does not involve re- evaluation of evidence but simple correction.
10. THAT unless the said error is corrected, the said error has potential to cause confusion, hinder execution and distort the effect of the said judgment.
11. THAT this Application has been brought without reasonable delay.
12. THAT it is in the best interest of justice that this Honourable Court reviews and corrects the Judgment delivered on 23 May. 2025 and the award to read Kshs. 1, 571, 616.70 and not Kshs. 1,209,600.00 as indicated therein.
13. The application was supported by the affidavit of the applicant reiterating the same grounds in the application.
14. The application was unopposed.
Decision
15. The issue for determination was whether the application for review of the judgment in the appeal had merit.
16. The Employment and Labour Relations Court (Procedural) Rules ,2024, Rule 74 provides for review of decisions as follows-
74. Review
(1)A person who is aggrieved by a decree or an order from which an appeal is allowed but from which no appeal is preferred or from which no appeal is allowed, may within reasonable time, apply for a review of the judgment or ruling—
(a)if there is discovery of a new and important matter or evidence which, despite the exercise of due diligence, was not within the knowledge of that person or could not be produced by that person at the time when the decree was passed or the order made;
(b)on account of some mistake or error apparent on the face of the record;
(c)if the judgment or ruling requires clarification; or
(d)for any other sufficient reason.
(2)An application for review of a decree or order of the Court under subrule (1) shall be made to the judge who passed the decree or made the order sought to be reviewed or to any other judge if that judge is not attached to the Court station.
(3)A party seeking review of a decree or order of the Court shall apply to the Court by way of notice of motion supported by an affidavit and shall file a copy of the Judgment or decree or ruling or order to be reviewed.
(4)The Court shall, upon hearing an application for review, deliver a ruling allowing or dismissing the application.
(5)Where an application for review is granted, the Court may review its decision to conform to the findings of the review or quash its decision and order that the suit be heard again.
(6)An order made for a review of a decree or order shall not be subject to further review.’
17. The court identified an error apparent on the face of its judgment delivered on 23rd May 2026. The error is that the said judgment quoted the initial award of Kshs. 1,209,600.00 given under DOSH WIBA 4 dated 24 June, 2024, instead of the award issued under the Amended DOSH WIBA 4 dated 29 August, 2024, following the objection, which is the subject of the appeal and which is Kshs. 1,571,616.70.
18. The review is allowed. Paragraph 16 of the Judgment is in error, as that was not an issue in the memorandum of appeal, and is deleted. The Honourable Court is pleased to review its judgment delivered on 23rd May, 2025 to rectify the erroneous reference to the award made in DOSH WIBA 4 dated 24 June, 2024 of Kshs. 1,209,600.00 to read the award adopted is in respect of the Amended DOSH WIBA 4 dated 29th August, 2024 of Kshs.1,572, 616.70.
19. The amended decree to be issued accordingly.
20. I make no order as to costs in the application.
21. It is so Ordered.
DATED, SIGNED, AND DELIVERED VIRTUALLY AT NAIROBI THIS 29TH DAY OF JULY, 2026.