Joseph Kioko Langi v Spur Security Services Limited [2022] KEELRC 450 (KLR)
The bottom line
#Kenya's Employment Court ruled an employee could still sue his employer because an earlier union case never properly included him.
What this practically means
#Executive summary
#Key legal issues
#Whether the claim is res judicata by virtue of the judgment in ELRC Cause No. 1569 of 2020/1569 of 2010
The preliminary objection fails because the Claimant was not an integral part of the former suit and was not bound by its findings or award.
Paragraph 12 of the prior judgment showed the Claimant recorded a witness statement but did not sign the letter of authority authorising Mr. Raphael Kaka to testify or execute documents on his behalf; the statement was therefore improperly adopted. Unlike two co-grievants who withdrew their claims, the Claimant did not withdraw. The Court accepted that the Union lacked authority to urge his claim, and that his claim for non-payment of terminal dues requires ventilation at a hearing where the Respondent can defend the suit.
Whether a plea of res judicata qualifies as a proper preliminary objection
Yes; the plea of res judicata meets the threshold of a preliminary objection under the Mukisa Biscuit test.
Applying Law JA's and Sir Charles Newbold P's articulations in Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd, a preliminary objection is a pure point of law argued on the assumption that all pleaded facts are correct. The plea of res judicata under Section 7 of the Civil Procedure Act is a point of law which, if sustained, may dispose of the suit without ascertainment of disputed facts or exercise of discretion.
Legal principles established
#- For res judicata to arise under Section 7 of the Civil Procedure Act, the suit or issue must have been directly and substantially in issue in a former suit between the same parties litigating under the same title, heard and finally determined by a competent court.
- A party in whose name a claim was brought by a union but who did not sign the letter of authority is not bound by the findings or award in that suit.
Court orders
#- 1.The preliminary objection dated 21st September 2021 is unmerited and is denied
- 2.ELRC Cause No. 1677 of 2015 is fixed for hearing on 13th July 2022
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act over employment causes; ruling on a preliminary objection under Section 7 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Joseph Kioko Langi v Spur Security Services Limited [2022] KEELRC 450 (KLR)", Case Analysis (2022). ELRC Cause No. 1677 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/450/eng@2022-03-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.