Jacob Ngwele Muvengei v Speaker Nairobi City Council Assembly & 9 others [2015] KEELRC 1353 (KLR)
The bottom line
#Kenya's Employment Court refused to let 81 Nairobi MCAs join a clerk's job dispute, ruling the Speaker already represents the Assembly.
What this practically means
#Executive summary
#Key legal issues
#Whether members of a County Assembly may be joined as interested parties in an employment dispute concerning the appointment of the Assembly's clerk
The application for joinder was dismissed because the applicants failed to establish an identifiable stake or legal interest distinct from that of the County Assembly, which was already represented by the Speaker and the Assembly itself.
The court defined 'interested party' by reference to the Mutunga Rules, Order 1 rule 10(2) of the Civil Procedure Rules, Rule 18(1) of the Industrial Court (Procedure) Rules, and the Supreme Court's criteria in Communications Commission of Kenya v Royal Media Services. The applicants, as members of the 3rd respondent Assembly, are represented by the corporate body sued through its titular head the Speaker. Their public-interest and oversight role under section 13 of the County Government Act and the Assembly Standing Orders can be exercised at the floor of the Assembly, not before the court. Joinder would merely proliferate litigation in an employer-employee dispute.
Whether the legal framework permits joinder of an interested party at all
Although the rules are not explicit, there is no bar to joinder of an interested party; Order 1 rule 10(2) may be read to cover persons interested in the subject matter.
The court noted that Order 1 rule 10(2) provides clear wording for joinder as plaintiff or defendant but not as an interested party, while the Mutunga Rules and the Industrial Court (Procedure) Rules recognise interested parties. The court adopted the definition in the Practice and Procedure Rules and the criteria in the Supreme Court decision, while cautioning against joinder where the claimant objects.
Legal principles established
#- An interested party must demonstrate an identifiable stake or legal interest or duty in the proceedings, and will not be joined where existing parties adequately represent those interests
- A County Assembly may be sued in its own name through its titular head, the Speaker
Court orders
#- 1.The application for joinder by the applicants and intended interested parties filed on 16th December 2014 is declined and dismissed
- 2.Each party to bear their own costs
- Jurisdiction invoked
- Article 162(2) of the Constitution and section 12 of the Industrial Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Stephen Mutwiwa Masika & 3 others v Titus W Khaemba & another [2015] KEELRC 833 (KLR)[2015] KEELRC 833 (KLR)4 Jun 2015applied
- Jacob Ngwele Muvengei v Speaker Nairobi City Council Assembly & 9 others [2015] KEELRC 1353 (KLR)[2015] KEELRC 1353 (KLR)2 Mar 2015
Cite this brief
#Cite this brief
Caselaw, "Jacob Ngwele Muvengei v Speaker Nairobi City Council Assembly & 9 others [2015] KEELRC 1353 (KLR)", Case Analysis (2015). Cause No. 2212 of 2014 (application dated 16th December 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1353/eng@2015-03-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.