Praxides Akoth Oduor v Liberty Eagle Liomited & another [2016] KEELRC 48 (KLR)
The bottom line
#Kenya's Employment Court refused to remove People Insights Limited from an unfair dismissal case because companies involved in workplace decisions can be sued even without a written employment contract.
What this practically means
#Executive summary
#Key legal issues
#Whether the 2nd Respondent is a necessary party despite absence of a written employment contract
The application to strike out the 2nd Respondent was dismissed because the 2nd Respondent's officer issued key communications touching on the Claimant's employment and the disciplinary process relied on by the 1st Respondent in dismissing the Claimant
The court found emails summoning the Claimant to a disciplinary hearing and on clearance procedure were sent by Anne Pondo of the 2nd Respondent, upon which the 1st Respondent relied to dismiss her. The employment relationship is regulated not only by contract but by policies and guidelines, making these evidentiary matters unsuitable for determination on a striking-out application. Removing the 2nd Respondent would deprive the court of crucial evidence and cause injustice to the Claimant.
Jurisdiction of the Court over employment disputes
The Court has jurisdiction over employment and labour relations claims under Articles 41 and 162 of the Constitution read with the Employment and Labour Relations Court Act
The court affirmed its jurisdiction under article 41 and 162 of the Constitution as read with the Employment and Labour Relations Court Act, and noted section 20 of that Act obliges it to proceed without undue regard to technicalities, favouring substantive adjudication of the dispute over procedural objections on joinder.
Legal principles established
#- A party may be joined to a suit not only where a cause of action lies against it but where its presence is necessary for the court to effectually and completely adjudicate on all questions involved
- The employment relationship extends beyond the written contract to policies, regulations and guidelines applicable to employees
Court orders
#- 1.The application dated 15th February 2016 is dismissed
- 2.Costs shall be in the cause
- Jurisdiction invoked
- Articles 41 and 162 of the Constitution as read together with the Employment and Labour Relations Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Praxides Akoth Oduor v Liberty Eagle Liomited & another [2016] KEELRC 48 (KLR)", Case Analysis (2016). Cause No 2184 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/48/eng@2016-09-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.