2022-UNAT-1273, Mathieu Mukeba wa Mukeba
Mr. Mukeba's application for revision did not fulfil the strict and exceptional criteria established by Article 11 of the Statute.
Mr. Mukeba appealed Judgment No. UNDT/2020/103, by which the UNDT dismissed his challenge of the imposition of the disciplinary measure of separation from service for want of prosecution. By Judgment No. 2021-UNAT-1080, UNAT dismissed Mr. Mukeba's appeal.
An applicant must show or identify a decisive fact that at the time of the Appeals Tribunal Judgment was unknown to both the Appeals Tribunal and the party applying for revision; that such ignorance was not due to the negligence of the applicant; and that the facts identified would have been decisive in reaching the decision. Any application which, in fact, seeks a review of a final judgment rendered by the Appeals Tribunal can, irrespective of its title, only succeed if it fulfils the strict and exceptional criteria established by Article 11 of the Statute of the Appeals Tribunal.
The application for revision of Judgment No. 2021-UNAT-1080 is dismissed.