Union of National Research and Allied Institutes Staff of Kenya (UNRISK) v Kenya Medical Research Institute (KEMRI); Okiya Omtatah Okoiti & another (Proposed Interested Parties) [2021] KEELRC 2217 (KLR)
The bottom line
#Kenya's Employment Court refused to add two applicants to a concluded KEMRI allowances case, ruling the existing judgment already covered all employees and the consent agreement stood.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction over post-judgment application for joinder and review
The court has jurisdiction to entertain joinder and review applications even after judgment, under Order 1 Rule 10(2) CPR and rule 32 ELRC Procedure Rules
The applicants argued the suit was fully determined, but the court noted that Order 1 Rule 10(2) permits joinder at any stage and rule 32 of the ELRC Procedure Rules 2016 allows a person aggrieved by a decree or order to seek review. It therefore concluded that the court retains jurisdiction over joinder and review of its decrees or orders even after judgment.
Whether the applicants were necessary parties
The applicants were not necessary parties because the 31.3.2017 judgment and the consent agreement already covered all employees of the respondent
The circulars cited in the judgment covered all doctors, dentists, pharmacists, clinical officers, nurses, technologists, paramedics, drivers, mortuary attendants and support staff. The dispute had been fully adjudicated between the claimant and respondent, and a consent agreement on arrears was voluntarily executed and adopted. The applicants therefore had no necessary interest requiring joinder.
Setting aside the consent agreement
The application to set aside the consent agreement failed; no sufficient cause was shown for review
Having found the applicants were not necessary parties, the application including the setting-aside prayer fell away. Without prejudice, the court held that the applicants had not established sufficient cause for review; the consent agreement setting out the mode of executing the decree was voluntarily entered into by the parties and adopted by the court.
Legal principles established
#- A court's jurisdiction flows from the Constitution or legislation and cannot exceed what is conferred by law
- A court retains jurisdiction to allow joinder of new parties and to review its decrees or orders even after judgment
- Joinder is warranted only where the presence of the proposed party is necessary to enable the court to effectually and completely adjudicate on all questions in the suit
Court orders
#- 1.The applicants' request for joinder as interested parties is declined
- 2.The application dated 16.5.2019 is dismissed in its entirety, including the prayer to set aside the consent agreement dated 4.2.2019
- 3.No costs awarded - application dismissed with no costs
- Jurisdiction invoked
- ELRC statutory jurisdiction; Order 1 Rule 10(2) Civil Procedure Rules and rule 32 ELRC Procedure Rules 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Union of National Research and Allied Institutes Staff of Kenya (UNRISK) v Kenya Medical Research Institute (KEMRI); Okiya Omtatah Okoiti & another (Proposed Interested Parties) [2021] KEELRC 2217 (KLR)", Case Analysis (2021). Application dated 16.5.2019 in ELRC Cause (judgment delivered 31.3.2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/2217/eng@2021-01-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.