Agnes Muthoni & 34 others v Kenya Medical Research Institute (KEMRI);Institutes Staff of Kenya (Unrisk) (Interested Party) [2020] KEELRC 803 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the Employment and Labour Relations Court over an advocate's claim for taxed costs against former clients
The court lacks jurisdiction because the relationship between the advocate and the claimants was a contract for services, not a contract of services, and thus not an employment and labour relations dispute.
The applicant admitted the claim arose from instructions given by the 35 claimants to file suit against the respondent. That relationship was a contract for services by an independent contractor, not a contract of service. Article 162(2)(a) confines this court to employment and labour relations disputes. Following the Lilian S precedent, the court must down its tools.
Procedure for recovery of advocate-client taxed costs
The advocate must first seek judgment in the relevant forum and then execute under the Civil Procedure Rules; execution cannot precede judgment under section 48 or 51 of the Advocates Act.
Relying on the cited precedents, the court held that taxation of a Bill of Costs does not by itself permit execution. The applicant had to apply for judgment in the competent forum and then execute under the Civil Procedure Rules. The joinder of the advocate as a third party and the order compelling the respondent to pay could not be granted.
Legal principles established
#- A court must cease proceedings the moment it finds it lacks jurisdiction.
- An advocate must obtain judgment under section 48 or 51 of the Advocates Act before executing for taxed costs.
Court orders
#- 1.The Notice of Motion dated 14.5.2019 is struck out.
- 2.The applicant shall pay the costs of the application.
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution (employment and labour relations disputes)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Agnes Muthoni & 34 others v Kenya Medical Research Institute (KEMRI);Institutes Staff of Kenya (Unrisk) (Interested Party) [2020] KEELRC 803 (KLR)", Case Analysis (2020). Notice of Motion dated 14.5.2019 (within the claimants' suit against the respondent). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/803/eng@2020-06-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.