Richard Otieno Onyango v Standard Chartered Bank (K) Limited [2019] KEELRC 1227 (KLR)
The bottom line
#A Kenyan employment court refused to dismiss a bank employee's claim because the bank couldn't prove he had already been paid through an earlier settlement.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit is res judicata by reason of the consent in ELRC No. 999 of 2017
The application was dismissed because the applicant failed to prove that the claimant was a party to the earlier cause or that he benefited from the settlement
The court examined the pleadings in Cause No. 999/2017 and found the list of the 81 claimants besides Silas Wangila Wanyama was never presented. The 'authority to plead and sue' document annexed did not indicate in which claim the authority was given or whether it was filed in court, and there was no evidence the claimant was paid. Without clear evidence the cause was already determined, striking out would be a miscarriage of justice.
Whether a suit should be struck out without clear proof that the issues were previously determined
The court declined to strike out the claim where res judicata was not established on the evidence
Although the applicant relied on authorities that a consent compromising a suit is a final determination for purposes of Section 7 of the Civil Procedure Act, the court held that striking out a claim requires clear evidence that the cause has already been determined. The burden lay on the applicant, which it had not discharged at this interlocutory stage.
Legal principles established
#- A party asserting res judicata must discharge the burden of proving that the matter was directly and substantially in issue in a previous suit and that the party seeking to strike out was party to or benefited from that determination
Court orders
#- 1.The Notice of Motion dated 24/01/2019 seeking to strike out the Memorandum of Claim is dismissed
- 2.The claim is directed to proceed
- 3.Costs in the cause
- Jurisdiction invoked
- Sections 3 and 12(viii) of the Employment & Labour Relations Act, Section 3A of the Civil Procedure Act, Order 2 Rule 15 and Order 51 Rule 1 of the Civil Procedure Rules and the inherent jurisdiction of the Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Richard Otieno Onyango v Standard Chartered Bank (K) Limited [2019] KEELRC 1227 (KLR)", Case Analysis (2019). Nairobi ELRC No. 2099 of 2017 (Notice of Motion dated 24/01/2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1227/eng@2019-07-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.