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ELRCStruck OutCause (number not stated in judgment)· [2018] KEELRC 2426 (KLR)
Nelson Mandela Ingosi v Nacico Sacco Society Ltd [2018] KEELRC 2426 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#Kenya's Employment Court struck out an unfair dismissal claim because the same worker's dismissal was already the subject of another pending case.
What this practically means
#Executive summary
#Nelson Mandela Ingosi, through the Banking Insurance and Finance Union, instituted proceedings on 3 November 2017 against Nacico Sacco Society Ltd claiming wrongful/unfair summary dismissal. The Respondent, through Modi & Co Advocates, filed a Response and then on 9 January 2018 moved the court to strike out or dismiss the Statement of Claim with costs. The Union sought time to respond, was given to 26 January 2018, but filed no response and was unrepresented at the inter partes hearing on 1 February 2018; the hearing date having been taken in the presence of the Union's General Secretary, the court allowed the Respondent to prosecute the application. The Respondent's ground was the pendency of Nairobi Cause No. 673 of 2017 (Nelson Mandela Ingosi v Nacico Co-Operative Savings & Credit Society Ltd) arising from the same unlawful summary dismissal of 25 April 2016, that cause having been presented through Matheka & Oketch Advocates. The court held that the two causes arose from the same dismissal and differed only in the instructing advocates, and that presenting two different causes on the same cause of action was an abuse of the court process. It upheld the application, struck out the Statement of Claim filed on 3 November 2017 and ordered the Claimant to meet the Respondent's costs. Judgment was delivered in Nairobi on 2 March 2018 by Radido Stephen, Judge.
Key legal issues
#01
Whether the duplication of causes constitutes abuse of process warranting striking out
Holding
Yes - the Statement of Claim was struck out because a parallel cause over the same dismissal was pending.
Reasoning
The court found two causes arising from the same summary dismissal of the Claimant on 25 April 2016; the only difference was the advocates through whom they were filed. Filing the second cause while Cause No. 673 of 2017 was pending amounted to an abuse of process, justifying striking out under the Respondent's application of 9 January 2018.
p. 1
Legal principles established
#- Presenting two different causes on the same cause of action is an abuse of the court process.
Court orders
#- 1.The Statement of Claim filed in Court on 3 November 2017 is struck out
- 2.The Claimant to meet the Respondent's costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over disputes referred by the Union (suits instituted through the Union); no specific constitutional/statutory provision quoted
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nelson Mandela Ingosi v Nacico Sacco Society Ltd [2018] KEELRC 2426 (KLR)", Case Analysis (2018). Cause (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2426/eng@2018-03-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.