O’brian Bolei Kipsowe & 2 others v Simba Caetano Formula Limited & another; Groupe Renault Sa (Interested Party) [2020] KEELRC 273 (KLR)
The bottom line
#Kenya's Employment Court allowed employees' appeal to add Groupe Renault SA as a party, saying anyone potentially ignoring court orders can be joined.
What this practically means
#Executive summary
#Key legal issues
#Joinder of an Interested Party at the appellate stage
The Court has power to join a party at any stage including on appeal, particularly where interim orders are in place and the proposed party's conduct may affect them
The Court relied on the Court of Appeal decision in JMK vs MWM which in turn relied on the Tanzanian case of TANG GAS DISTRIBUTORS. The Court reasoned that interim orders of 6/12/2019 were in force and were allegedly being flouted by the Intended Interested Party who was not a party, hence joinder was necessary to preserve the substratum of the appeal and prevent a miscarriage of justice.
Legal principles established
#- Joinder of a party can be done at any stage of the proceedings, including at the appellate stage
Court orders
#- 1.Groupe Renault SA is joined as an Interested Party to the appeal
- 2.Costs in the appeal
- On appeal from
- magistrates' court
- not stated
- Jurisdiction invoked
- Article 162(2) of the Constitution and Section 12 of the Employment and Labour Relations Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "O’brian Bolei Kipsowe & 2 others v Simba Caetano Formula Limited & another; Groupe Renault Sa (Interested Party) [2020] KEELRC 273 (KLR)", Case Analysis (2020). Application dated 11/5/2020 in an Appeal (ELRC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/273/eng@2020-10-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.