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ELRCOther· [2018] KEELRC 385 (KLR)
Patricia Ndunge Mutinda v All Souls Cathedral, Diocese of Machakos & Church Commissioners of Kenya [2018] KEELRC 385 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This is a ruling of the Employment and Labour Relations Court at Nairobi on a motion dated 17 September 2018 by the Church Commissioners of Kenya, the 2nd Respondent, seeking to strike out the Claimant's Amended Statement of Claim filed on 3 September 2018 and, in the alternative, to have its name struck out from the suit. The 2nd Respondent was joined as the Registered Trustee of the Anglican Church of Kenya, said to hold all the Church's funds and properties in trust. It argued there was no employment or contractual relationship with the Claimant and that no reasonable cause of action was disclosed against it. The Claimant opposed the motion by replying affidavit and relied on the decision in J M M, J N G & P M W v Registered Trustees of the Anglican Church of Kenya (2016) eKLR. The Court noted that in its Statement of Response the 2nd Respondent admitted the description of itself as holding all church funds and properties, denying only that it was the Registered Trustee. In the Court's view, that admission satisfied the test in section 2 of the Employment Act, 2007 of who qualifies as an employer, and the 2nd Respondent might be required to satisfy any decree granted to the Claimant. It was therefore a necessary and appropriate party. The Court found no merit in the motion and dismissed it with costs to the Claimant. Judgment delivered at Nairobi on 13 December 2018 by Radido Stephen, Judge.
Key legal issues
#01
Whether the 2nd Respondent is properly joined as a party to the employment claim
Holding
Yes - it is a necessary and appropriate party and the motion to strike it out fails.
Reasoning
The 2nd Respondent admitted in its Statement of Response that it holds all church funds and properties, denying only that it is the Registered Trustee of the Anglican Church of Kenya. That admission brings it within the definition of employer under section 2 of the Employment Act, 2007, and it may be required to satisfy any decree granted to the Claimant. It is therefore a necessary and appropriate party, and the application to strike out the claim against it lacks merit.
p. 2
Legal principles established
#- An entity which admits holding all church funds and properties may satisfy the definition of an employer under section 2 of the Employment Act, 2007, even where it denies being the Registered Trustee.
- A party who may be required to satisfy a decree is a necessary and appropriate party to the proceedings.
Court orders
#- 1.The motion dated 17 September 2018 be dismissed with costs to the Claimant
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment and labour relations claims (Employment Act, 2007)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Patricia Ndunge Mutinda v All Souls Cathedral, Diocese of Machakos & Church Commissioners of Kenya [2018] KEELRC 385 (KLR)", Case Analysis (2018). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/385/eng@2018-12-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.