Fred Siyoi v Pharmacy and Poisons Board of Kenya [2019] KEELRC 6 (KLR)
The bottom line
#Kenya's Employment Court refused to add a third party to an unfair termination case, ruling that only people the petition actually targets may join as respondents.
What this practically means
#Executive summary
#Key legal issues
#Whether the proposed 2nd Respondent met the threshold for joinder
He did not; he has no identifiable legal stake and no relief is sought against him in this employment petition
The court applied the joinder principles in Joseph Njau Kingori and the Supreme Court's interested-party criteria in Francis Kariuki Muruatetu. The Applicant had to show a proximate, clearly identifiable interest, prejudice from non-joinder, and distinct submissions. The Petition concerns the private employment relationship between the Petitioner and the Respondent, and the Machakos judgment is in the public domain and spent, so the Respondent can raise any pertinent issue without the Applicant's presence.
Whether the Machakos High Court judgment rendered the Petition res judicata or an abuse of process
No; the Machakos Petition is spent and the present Petition challenges the intended termination of the Petitioner's employment, an issue in which the Applicant has no stake
The Applicant argued the issues were res judicata having been determined in Constitutional Petition No. 2 of 2019 before Odunga J. The court noted that judgment quashed the recruitment advertisement and directed fresh recruitment, but the present Petition seeks to stay the termination letter of 4/10/2019 and concerns an individual employee who was not a party to the Machakos case. The Machakos Petition being spent, it furnished no basis for striking out.
Legal principles established
#- An intended party must demonstrate what remedies are being sought from it by the petitioner and what distinct issues it will raise which no other party can
- Joinder principles from Joseph Njau Kingori: the party must be necessary or proper, relief must flow from him, and his presence must enable the court to effectually adjudicate
Court orders
#- 1.The Notice of Motion Application dated 17th October, 2019 is denied for lack of merit
- Jurisdiction invoked
- Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013 (employment-related fundamental rights petition)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Fred Siyoi v Pharmacy and Poisons Board of Kenya [2019] KEELRC 6 (KLR)", Case Analysis (2019). Not stated in the judgment (Petition dated and filed on 9th October, 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/6/eng@2019-12-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.