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ELRCDismissedJudicial Review Application dated 26.11.2019· [2019] KEELRC 30 (KLR)

Irene Mureithi (Ex-parte) v Board of Directors, Child Welfare Society of Kenya & another [2019] KEELRC 30 (KLR)

Employment and Labour Relations Court
19 December 2019
1,474 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~6 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to let an outsider join an employment case or pause it, because his separate lawsuit did not overlap enough with the issues being decided.

What this practically means

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Executive summary

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This was a ruling on a notice of motion dated 26.11.2019 filed by Boyi Mickey Otolo seeking to be joined as an interested party in judicial review proceedings and, pending that joinder and the determination of Kisumu ELC Petition No. 16 of 2019 (in which he challenges Legal Notice No. 58 of 2014, the Child Welfare Society Order, 2014), a stay of the present proceedings. The underlying judicial review had been brought by an ex-parte applicant seeking certiorari to quash a decision directing him to proceed on compulsory leave. The ex-parte applicant did not oppose the application; the respondents opposed it through grounds of opposition filed on 03.12.2019, arguing among other things that the applicant had no identifiable or sufficient interest in an employment dispute and would add no value to the proceedings. The court applied the joinder criteria in Meme v Republic as upheld by the Supreme Court in Communications Authority of Kenya v Royal Media Services: complete settlement of questions, protection of a party's rights, and prevention of proliferated litigation. Comparing the two matters, the court found the causes of action, prayers, parties and subject matter different, such that determination of the petition would leave the judicial review dispute unresolved. The applicant therefore failed both the joinder and stay thresholds, and the application was dismissed with costs to the respondents on 19 December 2019.

Key legal issues

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01

Whether the proposed interested party established sufficient grounds for joinder

Holding

The application for joinder failed because none of the three recognised grounds for joinder was established

Reasoning

The court adopted the criteria in Meme v Republic as upheld by the Supreme Court in Communications Authority of Kenya v Royal Media Services. The only reason advanced was that the applicant had filed a related petition, but the causes of action, prayers, parties and subject matter of that petition differed from the judicial review proceedings. The applicant was therefore not a necessary party.

p. 3
02

Whether stay of the judicial review proceedings should be granted pending the related petition

Holding

Stay was refused because the matters in dispute would remain unresolved even if the petition were determined

Reasoning

The court compared the pleadings in the Kisumu petition and the present judicial review and found the causes of action, prayers, parties and subject matter were different. The ex-parte applicant's cause of action would remain active regardless of the petition's outcome, so the stay threshold was not met.

p. 2

Legal principles established

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  • A party may be enjoined in proceedings where their presence results in complete settlement of all questions, protects the rights of a party otherwise adversely affected, or prevents proliferated litigation
  • An applicant for joinder must demonstrate that he is a necessary party for the complete and effectual determination of the proceedings

Court orders

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  1. 1.The application for joinder and stay of proceedings dated 26.11.2019 was dismissed
  2. 2.Costs awarded to the respondents
Jurisdiction invoked
Rule 7 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013 and the inherent powers of the Court

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Irene Mureithi (Ex-parte) v Board of Directors, Child Welfare Society of Kenya & another [2019] KEELRC 30 (KLR)", Case Analysis (2019). Judicial Review Application dated 26.11.2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/30/eng@2019-12-19

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.