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 judgment· [2019] KEELRC 1637 (KLR)

Kenya Union of Commercial Food and Allied Workers v Tanathi Water Services Board; Nol-Turesh Pipeline Bulk & another (Interested Parties) [2019] KEELRC 1637 (KLR)

Employment and Labour Relations Court
20 May 2019
MOMaureen Onyango
882 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

A Kenyan employment court allowed a trade union to replace a deceased worker with his family in an ongoing case, despite years of delay.

What this practically means

#

Executive summary

#
This was a ruling of the Employment and Labour Relations Court at Nairobi on the claimant's application dated 16th November 2018 seeking substitution of the deceased grievant, Simon Musyoki Muia, by his legal representatives, Monica Musyoki and Festus Ngongo Muia, as nominal parties to continue the suit on behalf of his estate. The application was supported by the affidavit of Monica Musyoki, who stated that the grievant died intestate on 15th December 2012 and that letters of administration ad litem had been obtained to enable substitution. The respondent opposed the application through the replying affidavit of Jane Sein, deposing that letters of administration were only obtained on 1st September 2015, after the suit had abated on 16th December 2013, that no application for revival of the abated suit had been made, and that the application for substitution could not be made without first reviving the suit. The application was disposed of by written submissions. The court, Maureen Onyango J, considered Order 24 Rules 1-3 of the Civil Procedure Rules and held that under Rule 3 it had wide discretion to extend time for substitution of a deceased party. Taking into account that the claimant was a trade union acting in person, that the file had been active since 2011, and that the respondent would suffer no prejudice since the claim had not been determined, the court allowed the application and ordered the substitution of the deceased grievant with Monica Musyoki and Festus Musyoki, declining to lock out the legal representatives on a question of legal technicality. There were no orders for costs of the application.

Key legal issues

#
01

Whether substitution of a deceased grievant should be permitted despite the suit arguably having abated

Holding

The court exercised its discretion in favour of the claimant and allowed the substitution, holding that no prejudice would be suffered by the respondent and the legal representatives should not be locked out on a technicality.

Reasoning

The court noted that Order 24 Rule 3 gives it wide discretion to extend time for substitution. It took into account that the claimant is a trade union acting in person, that the file had been active since 2011, and that the respondent would suffer no prejudice since the claim had not been determined. The court declined to lock out the deceased's legal representatives on a question of legal technicality.

p. 2

Legal principles established

#
  • Under Order 24 Rule 3 of the Civil Procedure Rules the court has wide discretion to extend time for substitution of a deceased party to a suit.

Court orders

#
  1. 1.The application dated 16th November 2018 is allowed
  2. 2.SIMON MUSYOKI MUIA (deceased) is substituted with MONICA MUSYOKI and FESTUS MUSYOKI
  3. 3.No orders for costs of the application
Jurisdiction invoked
Original employment and labour relations jurisdiction; application under Order 24 Rules 1-3 of the Civil Procedure Rules

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kenya Union of Commercial Food and Allied Workers v Tanathi Water Services Board; Nol-Turesh Pipeline Bulk & another (Interested Parties) [2019] KEELRC 1637 (KLR)", Case Analysis (2019). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1637/eng@2019-05-20

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