Peter Muigai Wairigu & 8 others v Catholic University of Eastern Africa [2020] KEELRC 189 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Sub judice under Section 6 of the Civil Procedure Act
Cause 550 of 2019 is sub judice to Cause 805 of 2017 because the parties overlap almost entirely and the redundancy issues are substantially the same
Cause 805 of 2017 was filed earlier by the Union on behalf of members including all the Claimants in Cause 550 of 2019 except two. Both matters concern redundancies and compensation arising from the same terminations. Only the union access and dues issues in Cause 805 of 2017 differ. The overlap on the redundancy question made the later suit sub judice, warranting amendment or consolidation rather than outright striking out.
Whether the striking out remedy was appropriate
The court declined to strike out the claim, preferring amendment to exclude duplicated claimants or consolidation of the two causes
Although the sub judice principle was engaged, the divergence on union access and dues issues meant total striking out was not the cure. The court instead granted 30 days for the parties, counsel and the union to consider amendment or consolidation, with mention before the Principal Judge for directions.
Legal principles established
#- Where two suits between the same parties raise substantially the same issues, the later suit is sub judice and the court may direct amendment or consolidation rather than striking out
Court orders
#- 1.A declaration that Cause No. 550 of 2019 is sub judice to Cause No. 805 of 2017
- 2.Parties given 30 days to consider the necessary amendments or consolidation of the two causes
- 3.Matter to be mentioned before the Principal Judge for further directions
- 4.Costs in the cause
- Jurisdiction invoked
- Section 6 of the Civil Procedure Act (sub judice rule)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peter Muigai Wairigu & 8 others v Catholic University of Eastern Africa [2020] KEELRC 189 (KLR)", Case Analysis (2020). Cause No. 550 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/189/eng@2020-11-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.