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ELRCPartially AllowedApplication dated 11/5/2020 in an Appeal (ELRC)· [2020] KEELRC 273 (KLR)

O’brian Bolei Kipsowe & 2 others v Simba Caetano Formula Limited & another; Groupe Renault Sa (Interested Party) [2020] KEELRC 273 (KLR)

Employment and Labour Relations Court
27 October 2020
4,052 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This is a ruling on an application dated 11/5/2020 in a pending appeal before the Employment and Labour Relations Court, seeking the joinder of Groupe Renault SA as an Interested Party. The Appellants, employees of the 1st Respondent, sought the joinder to preserve interim injunctive orders issued on 6/12/2019 and confirmed on 28/1/2020, which restrained the Respondents from taking any action that would terminate their employment. The Appellants and the 1st Respondent alleged that the 2nd Respondent, aided by Groupe Renault SA, was flouting those orders by supplying and distributing Renault products through a new distributor, Premium Mobility Solutions Limited. The Intended Interested Party opposed the application, arguing it had no relationship with the parties, that no order bound it, and that the Court lacked jurisdiction over the underlying commercial distribution dispute pursuant to Article 162(2) of the Constitution and Section 12 of the Employment and Labour Relations Court Act. The 2nd Respondent likewise opposed, contending the distributorship agreement had lapsed on 30/6/2019 and that the Appellants had not demonstrated any nexus between their employment and the Intended Interested Party. The Court, per Wasilwa J, held that joinder can be effected at any stage of proceedings, including on appeal, relying on the Court of Appeal decision in JMK vs MWM and the Tanzanian authority TANG GAS DISTRIBUTORS LTD. Finding that the interim orders were allegedly being flouted by a non-party, the Court allowed the joinder of Groupe Renault SA to preserve the substratum of the appeal and prevent a miscarriage of justice. The application was allowed with costs in the appeal.

Key legal issues

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01

Joinder of an Interested Party at the appellate stage

Holding

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

Reasoning

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.

p. 6

Legal principles established

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  • Joinder of a party can be done at any stage of the proceedings, including at the appellate stage

Court orders

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  1. 1.Groupe Renault SA is joined as an Interested Party to the appeal
  2. 2.Costs in the appeal

Authorities

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Legislation

  • Constitution of KenyaArticle 162(2)
  • Employment and Labour Relations Court ActSection 12
  • Civil Procedure RulesOrder 1 rule 10(2)

Cases cited (13)

  • Trusted Society of Human Rights Alliance vs. Mumo Matemu & 5 Others
    Supreme Court Petition 12 of 2013 [2014] eKLR
  • JMK vs. MWM & Another
    [2015] eKLR
  • Central Kenya Limited vs. Trust Bank & 4 Others
    CA No. 222 of 1998
  • Pravin Bowry vs. John Ward & Another
    [2015] eKLR
  • Civicon Limited vs. Kivuwatt Limited & 2 Others
    [2015] eKLR
  • Francis Kariuki Muruatetu & Another vs. Republic & 4 Others
    [2016] eKLR
  • Attorney General vs. Kenya Bureau of Standards & Another
    [2018] eKLR
  • Lucy Nungari Ngigi & 128 Others vs. National Bank of Kenya & Another
    [2015] eKLR
  • Bellevue Development Company vs. Vinayak Builders Limited & Another
    [2014] eKLR
  • Shirvling Supermarket Limited vs. Jimmy Ondicho Nyabuti & 2 Others
    [2018] eKLR
  • TANG GAS DISTRIBUTORS LTD V. SAID & OTHERS
    [2014] EA 448
  • Simba Corporation Limited vs. Caetano Formula East Africa SA
    High Court Civil Case E049 of 2019
  • Simba Corporation Limited vs. Caetano Formula East Africa SA
    Court of Appeal Civil Application 234 of 2019
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

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Practical implications

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Frequently asked questions

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Cite this brief

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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.