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ELRCDismissedCause No. 2212 of 2014 (application dated 16th December 2014)· [2015] KEELRC 1353 (KLR)

Jacob Ngwele Muvengei v Speaker Nairobi City Council Assembly & 9 others [2015] KEELRC 1353 (KLR)

Industrial Court of Kenya (Employment and Labour Relations Court)
2 March 2015
4,073 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This is a ruling of the Industrial Court at Nairobi on a Notice of Motion dated 16th December 2014, brought under Order 1 Rule 10(2) of the Civil Procedure Rules by Chege Mwangi, MCA for Starehe ward, and 80 other members of the Nairobi County Assembly seeking to be joined as interested parties in a claim by the Clerk of the Nairobi County Assembly concerning the legality of his appointment and interference with his employment contract by the Speaker. The applicants argued they had an identifiable stake under section 13 of the County Government Act, which requires County Assembly approval of a clerk's appointment, and that they acted in the public interest since the Speaker and the clerk were the protagonists. The Claimant opposed, submitting that the applicants' interests were represented by the Speaker and the County Assembly, and warned of opening the floodgates. The 1st and 2nd respondents, in a replying affidavit sworn by Speaker Alex Ole Magelo, maintained that the Assembly's interests could only be pursued in its corporate name and that members had no locus in their individual capacity. The court framed three questions and, having reviewed the definition of an interested party in the Mutunga Rules, Order 1 rule 10(2), Rule 18(1) of the Industrial Court (Procedure) Rules and the Supreme Court's criteria in Communications Commission of Kenya, held that the applicants had no identifiable stake beyond that of the corporate Assembly already represented by the Speaker. Their oversight and approval roles under section 13 and the Standing Orders could be exercised at the floor of the Assembly. The application was dismissed with each party bearing its own costs.

Key legal issues

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01

Whether members of a County Assembly may be joined as interested parties in an employment dispute concerning the appointment of the Assembly's clerk

Holding

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.

Reasoning

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.

p. 7
02

Whether the legal framework permits joinder of an interested party at all

Holding

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.

Reasoning

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.

p. 5

Legal principles established

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  • 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

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  1. 1.The application for joinder by the applicants and intended interested parties filed on 16th December 2014 is declined and dismissed
  2. 2.Each party to bear their own costs

Authorities

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Legislation

  • Constitution of Kenyaarticle 10
  • Constitution of Kenyaarticle 22
  • Constitution of Kenyaarticle 162(2)
  • Constitution of Kenyaarticle 178
  • Constitution of Kenyaarticle 178(1)
  • County Government Actsection 12
  • County Government Actsection 13
  • Industrial Court Actsection 12
  • Industrial Court (Procedure) RulesRule 18(1)
  • Civil Procedure RulesOrder 1 Rule 10(2)
  • Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedures Rules, 2013definition of 'Interested Party'
  • Nairobi County Assembly Standing OrdersOrder 42

Cases cited (8)

  • Trusted Society of Human Rights Alliance versus Mumo Matemo & 5 Others
    [2014] eKLR
  • Walter Osapiri Baraza versus Cabinet Secretary Ministry of Interior and National Co-ordination and 6 others
    [2013] eKLR
  • John Mining Temoi and Another versus Governor of Bungoma County and 17 others
    [2014] eKLR
  • Communications Commission of Kenya and 4 others versus Royal Media Services limited and 7 Others
    [2014] eKLR
  • Judicial Service Commission versus Speaker of the National Assembly and 8 Others
    Petition No. 518 of 2013
  • Simon Kagiri (Simon Wachira Kagiri) versus County Assembly of Nyeri and 2 others
    [2013] eKLR
  • Mathia Njoka Ngala & Others versus Kenya Private Security Workers Union & Another
    Cause No. 2212 of 2014
  • Supermarine Handling Services Ltd vs Commissioner General, Kenya Revenue Authority
    (2002) 2 KLR 758
Jurisdiction invoked
Article 162(2) of the Constitution and section 12 of the Industrial Court Act

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (2)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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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.