Francis Ochieng Abila & 24 others v Career Directions Limited [2020] KEELRC 656 (KLR)
The bottom line
#The Employment Court refused a law firm's attempt to block payment to workers, ruling the real fight was a partnership breakup it had no power to hear.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELRC has jurisdiction to determine the dispute underlying the application
It does not; the real dispute is the dissolution of a partnership between two Advocates, which lies outside the court's specialised jurisdiction
The court scrutinised the pleadings and submissions and identified that the application was anchored on the fallout between Miss Angeline Omollo and Miss Jane Akinyi Onyango over distribution of files following dissolution of their partnership. Such a dispute is not an employment and labour relations matter and is therefore beyond the specialised jurisdiction of the ELRC. Advocate/client fees disputes, on the other hand, are addressed through taxation before a Taxing Master.
Whether security for costs of Kshs. 117,160 should be ordered
No; the Bill of Costs underpinning the figure assumes full professional services were rendered to conclusion, which the record does not confirm
The court examined the Bill of Costs attached to the application and found it assumed that Miss Angeline Omollo had rendered full professional services up to conclusion of the matter. The court record did not support that proposition, so the foundation for the security for costs claim failed. The application was accordingly found to be without merit and dismissed with costs to the Claimant.
Legal principles established
#- Disputes arising from the dissolution of a partnership between Advocates fall outside the specialised jurisdiction of the ELRC
- Advocate/client fees disputes are remedied by taxation of an Advocate/Client Bill of Costs before a Taxing Master
Court orders
#- 1.The Notice of Motion dated 25th February 2020 is dismissed with costs to the Claimant
- Jurisdiction invoked
- Employment and Labour Relations Court Act (specialised jurisdiction of the ELRC); Article 159(2)(d) and Article 40 of the Constitution of Kenya invoked in the delivery order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Francis Ochieng Abila & 24 others v Career Directions Limited [2020] KEELRC 656 (KLR)", Case Analysis (2020). Notice of Motion dated 25th February 2020 (ELRC cause, Machakos). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/656/eng@2020-04-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.