Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedNot stated in the excerpt (Employment and Labour Relations Court Cause, Nyeri)· [2019] KEELRC 711 (KLR)

Kenya National Union of Nurses v Murang’a County Public Service Board & 2 others [2019] KEELRC 711 (KLR)

Employment and Labour Relations Court of Kenya
7 October 2019
NMNzioki wa Makau
677 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court ruled you cannot sue the Council of Governors' Chair personally for official decisions—sue the office or the Council itself.

What this practically means

#

Executive summary

#
The court determined a preliminary objection raised on behalf of Wycliffe Ambetsa Oparanya, the Chair of the Council of Governors, who had been sued personally as 3rd Respondent. Counsel for the 3rd Respondent argued that under Sections 19 and 20 of the Intergovernmental Relations Act 2012, decisions are made by the Council of Governors, a body corporate capable of suing and being sued, and that the Chair holds a temporary elective position, making personal liability unconscionable. The Claimant opposed, relying on IEBC v Jane Cheberenger and Republic v Eldoret Water & Sanitation Company Ltd to argue that the objection raised factual issues unfit for determination by preliminary objection. The court held that the suit, which related to a circular from the Council of Governors, concerned acts done by the 3rd Respondent in his capacity as Chair and not personally, and that the proper course would have been to sue the office of the Chair rather than the named individual. The court struck out the 3rd Respondent's name from the proceedings, awarded him costs against the Claimants for the misjoinder, and allowed the suit to continue against the remaining respondents. The judgment was delivered at Nyeri on 7th October 2019 by Nzioki wa Makau J.

Key legal issues

#
01

Personal liability of the Chair of the Council of Governors for Council decisions

Holding

The Chair cannot be sued personally for acts done in his capacity as Chair; the Council of Governors, being a body corporate under Section 19 of the Intergovernmental Relations Act 2012, is the proper party.

Reasoning

Sections 19 and 20 of the Intergovernmental Relations Act 2012 establish the Council of Governors and its functions, and the Chair holds an elective, temporary position executing the Council's decisions. The suit related to a circular from the Council, so the acts were institutional, not personal. Suing the named Governor personally, and in Nyeri rather than his own county, was improper.

p. 2
02

Misjoinder as a ground for exclusion of a party

Holding

Misjoinder warrants striking out the name of the wrongly joined party, but does not warrant dismissal of the whole suit.

Reasoning

The court confined the preliminary objection to the misjoinder question, struck out the 3rd Respondent's name, awarded him costs against the Claimants, and preserved the suit against the remaining respondents.

p. 2

Legal principles established

#
  • Where a suit concerns acts done by a person in an official capacity as Chair of the Council of Governors, the office rather than the named individual is the proper party; naming the office without the individual's name would sustain the suit.

Court orders

#
  1. 1.The name of the 3rd Respondent (Wycliffe Ambetsa Oparanya) struck out of the proceedings
  2. 2.Costs of the 3rd Respondent awarded against the Claimants for the misjoinder
  3. 3.The suit to continue against the remaining respondents

Authorities

#

Legislation

  • Intergovernmental Relations ActSections 19, 19(2), 20

Cases cited (3)

  • Mombasa Cause 36 of 2019 (suit determined by Rika J., full name not given)
  • IEBC v Jane Cheberenger & Another
    [2015] eKLR, Supreme Court No. 36 of 2014
  • Republic v Eldoret Water & Sanitation Company Ltd Ex parte Booker Onyango & 2 Others
    [2007] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction; Intergovernmental Relations Act 2012, Sections 19 and 20

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kenya National Union of Nurses v Murang’a County Public Service Board & 2 others [2019] KEELRC 711 (KLR)", Case Analysis (2019). Not stated in the excerpt (Employment and Labour Relations Court Cause, Nyeri). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/711/eng@2019-10-07

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