MORRIS SHIKUVALE MURUNGA V THE DIRECTOR KENYA AGRICULTURAL RESEARCH INSTITUTE ((KARI) [2013] KEELRC 396 (KLR)
The bottom line
#Kenya's Employment Court refused to strike out a duplicated employment claim, holding errors could be fixed and directors can be sued as employers.
What this practically means
#Executive summary
#Key legal issues
#Whether the claim was sub judice
The Court found the duplication of claims was a rectifiable error, not grounds for striking out; the Claimant could amend or withdraw the Civil Claim to cure the sub judice problem
The Respondent argued the terminal benefits claim duplicated a claim filed in the Magistrates' Court in 2010. The Court held the law on employment jurisdiction had not crystallized when the Magistrates' Court claim was filed, so the duplication was an understandable, rectifiable error. The Claimant had the option of amending or withdrawing the Civil Claim rather than having this claim struck out, and proceedings were stayed pending that step.
Whether the Director of KARI could be sued
Joinder of the Director was not fatal; directors of corporates can be sued as employers under the broad statutory definition
The Respondent contended KARI is a State Corporation with its own legal personality and its Director cannot be sued on its behalf. The Court rejected this as a ground for striking out, holding that directors, managers and foremen can be sued as employers, and the Employment Act's definition of employer is broad enough to cover them. Any defect could be cured by amendment.
Legal principles established
#- Directors, managers and even foremen of corporate bodies can be sued as employers; the definition of 'employer' under Section 2 of the Employment Act 2007 is broad enough to encompass such officers
- Joinder of a director of a corporation is not, on its own, a ground for striking out a claim
Court orders
#- 1.Proceedings in this claim are stayed
- 2.The Claimant shall take such measures as are deemed appropriate to ensure this claim if formally valid
- 3.The Claimant shall move the Court for further Orders when he is ready
- 4.Costs in the cause
- Jurisdiction invoked
- Employment and labour relations jurisdiction of the Industrial Court (Employment Act, 2007; Labour Relations Act jurisdiction over employer-employee disputes)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "MORRIS SHIKUVALE MURUNGA V THE DIRECTOR KENYA AGRICULTURAL RESEARCH INSTITUTE ((KARI) [2013] KEELRC 396 (KLR)", Case Analysis (2013). Industrial Court Cause No. 1636 of 2011. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/396/eng@2013-04-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.