Andrew Tubei Mulati v Enock Wamalwa Kibunguchy & another [2017] KEELRC 1955 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Identity of the Claimant's employer
The 1st Respondent, Hon. Dr. Enock W. Kibunguchy MP, was the employer, not the Parliamentary Service Commission
The contract was signed by the MP in his personal capacity as 'MP LIKUYANI'; warning and dismissal letters were issued by the Constituency Office Manager and copied to the MP, not the Commission. The Regulations define staff as employees of a member. The Commission's role was limited to providing a standard contract format, disbursing funds and audit. No privity of contract existed between the Claimant and the Commission.
Applicability of the Court of Appeal decision in Parliamentary Service Commission v George Okoth Owuor
The decision applies and forecloses the argument that the Commission is the employer of constituency office staff
In that case the Court of Appeal held there was no privity of contract between the Commission and a constituency office employee, and that the Commission discharged its mandate by releasing funds to the constituency office. The court found the applicant's attempt to distinguish the case untenable, as the same issue — whether the Commission employs constituency staff — was determined there.
Legal principles established
#- The Parliamentary Service Commission's mandate under Article 127 of the Constitution does not include staffing of Constituency Offices of Members of Parliament
- Members of Parliament recruit constituency office staff on their own account; the Commission only provides a contract format, funding and audit oversight, and is not in privity of contract with constituency staff
Court orders
#- 1.The application dated 9th December 2014 is dismissed
- 2.No orders for costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction (claim for employment; application under joinder provisions; Order 1 Rule 15 Civil Procedure Rules 2010 invoked)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Andrew Tubei Mulati v Enock Wamalwa Kibunguchy & another [2017] KEELRC 1955 (KLR)", Case Analysis (2017). Not stated in judgment (Employment and Labour Relations Court claim; application dated 9th December 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2017/1955/eng@2017-01-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.