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ELRCOtherNot stated in judgment· [2019] KEELRC 2614 (KLR)
Kenya Hotels and Allied Workers Union v Director Classic Hotel (Cause 196 of 2017) [2019] KEELRC 2614 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#A Kenyan court ruled that suing a company director personally, instead of the company itself, caused the entire employment claim to collapse when the director died.
What this practically means
#Executive summary
#The Claimant sued the Director of Classic Court Hotel on 6th November 2015, seeking remedies against the Respondent on behalf of two Grievants. During the pendency of the suit, the Director, having been sued in his individual capacity and not as a corporate entity, passed away. His advocate withdrew from acting, citing lack of instructions following the client's death. The Claimant sought to continue with the suit. The court held that continuation was untenable in law: because the Respondent was an individual and not a corporate entity, his death caused the suit to abate, and no further step could be taken in the matter. The court accordingly marked the suit as closed, having abated. No order as to costs was made, each side effectively bearing its own costs. The judgment is very brief, delivered at Nyeri on 22nd January 2019 by Nzioki wa Makau J, and does not cite any statutes or case law, nor does it set out the parties' pleadings or the relief sought in detail beyond noting the claim was brought on behalf of two Grievants.
Key legal issues
#01
Effect of the death of a respondent on a pending suit
Holding
The suit abated upon the death of the respondent and could not be continued
Reasoning
The respondent was sued in his individual capacity as Director of Classic Court Hotel rather than the corporate entity. Upon his death, his advocate withdrew for lack of instructions. The court held that in law the claimant could not continue the suit against a deceased individual; the suit abated and no further step could be taken, so it was marked as closed.
p. 1
Legal principles established
#- A suit against an individual (as opposed to a corporate entity) abates upon that individual's death and cannot be continued by the claimant
Court orders
#- 1.The suit is marked as closed having abated
- 2.No order as to costs
- Jurisdiction invoked
- Not expressly stated; Employment and Labour Relations Court original jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Hotels and Allied Workers Union v Director Classic Hotel (Cause 196 of 2017) [2019] KEELRC 2614 (KLR)", Case Analysis (2019). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2614/eng@2019-01-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.