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ELRCStruck OutNot stated in the judgment as provided (Statement of Claim filed 20/1/2014)· [2020] KEELRC 1257 (KLR)
Edward Mangeni Wanyonyi & Linet Kaveha Luvisa v Jason Beagle, Amy Beagle & Jennifer Ashlock t/a Kenya Church of Christ Children Home (Cause 33 of 2014) (Employment and Labour) [2020] KEELRC 1257 (KLR)
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·~11 min to read original · ~4 min briefThe bottom line
#Two dismissed employees lost their entire claim because they sued the wrong people — you must sue the actual employer, not its staff.
What this practically means
#Executive summary
#The Claimants, a married couple, sued the Respondents claiming Kshs. 2,544,664.00 in unpaid salaries, leave and overtime, one month's pay in lieu of notice, damages for wrongful dismissal and compensation for loss of employment. They alleged they were employed as house parents at the Kenya Church of Christ Children's Home in Kitale from June 2011, orally and without adequate contracts, grossly underpaid, and summarily dismissed on 6/11/2013 on grounds of gross misconduct arising from a recommendation letter written by the 1st Claimant. The 2nd Claimant alleged her termination was discriminatory, being based solely on her marriage to the 1st Claimant. The Respondents denied being the employers, contending that the employer was a body corporate (a registered trust) and that they were mere administrators and fellow employees, and that the Claimants were paid all entitlements. After hearing the parties, the court found that the Children's Home was a registered trustee body under the Trustees (Perpetual Succession) Act, Cap 167, that a trust lacks legal capacity as it is an arrangement and not an entity, and that the proper defendants were the trustees, whom the Claimants admitted they knew but chose not to sue. Relying on the Court of Appeal's decision in Trustees of the Agricultural Society of Kenya v James Gitonga, the court held that the Respondents were improperly enjoined, lacked capacity to be sued, and struck out the suit with no orders as to costs.
Key legal issues
#01
Whether the Respondents, being fellow employees and administrators, could be sued as employers
Holding
The Respondents were improperly enjoined as they were not the Claimants' employers and lacked capacity to be sued
Reasoning
The Claimants admitted that the Respondents were employees of the Children's Home like themselves and that they knew the trustees but chose not to sue them. The Home was a registered trust with perpetual succession. Following the Court of Appeal in Trustees of the Agricultural Society of Kenya v James Gitonga, a claimant must sue the correct employer. The suit against fellow employees therefore failed.
p. 6
Legal principles established
#- A trust is an arrangement and not a legal entity; the appointed trustee is the person or entity with legal capacity to undertake legal formalities
- Under the Trustees (Perpetual Succession) Act, trustees are personally liable for contracts entered into by their employees, with an indemnity out of the trust fund
Court orders
#- 1.The suit against the Respondents struck out as they lack capacity to be sued
- 2.No orders as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (Employment Act; suit challenging dismissal from employment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Edward Mangeni Wanyonyi & Linet Kaveha Luvisa v Jason Beagle, Amy Beagle & Jennifer Ashlock t/a Kenya Church of Christ Children Home (Cause 33 of 2014) (Employment and Labour) [2020] KEELRC 1257 (KLR)", Case Analysis (2020). Not stated in the judgment as provided (Statement of Claim filed 20/1/2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1257/eng@2020-04-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.