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ELRCOtherCause No 1272 of 2018· [2023] KEELRC 166 (KLR)
Momanyi v Kenya National Chamber of Commerce (Cause 1272 of 2018) [2023] KEELRC 166 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#An Employment Court in Nairobi paused its judgment in a Kshs. 5.4 million dismissal case because of confusion over who represents the employer.
What this practically means
#Executive summary
#The claimant, employed as ICT Manager on a 3-year term contract, claimed he was constructively confirmed after probation and then summarily dismissed on May 22, 2018 over alleged integrity concerns, without reason, notice or hearing. He sought a declaration that termination was unfair, compensation of Kshs. 5,400,000 for the 36 months remaining on his contract, costs, interest and other relief. The respondent, in its statement of response and counterclaim dated August 28, 2018, alleged the claimant was irregularly hired in conspiracy with the then CEO, Angela Ndambuki; that the position never existed, the contract was illegal and all benefits fraudulent, and counterclaimed general damages. The claimant denied the conspiracy. Hearing proceeded on July 29, 2022 in the respondent's absence, service on EKN LLP Advocates being shown by affidavit of process-server Nelson Ageke Adero. However, in preparing judgment the court discovered a notice of change of advocates dated November 27, 2020, filed by Kihara Njuguna & Company for the respondent, whose communication to the claimant's advocates was unclear. The court held it imprudent to deliver judgment only to face an application to reopen proceedings, and therefore deferred preparation and delivery of judgment pending clarification of the respondent's representation. It fixed mention for February 21, 2023 and ordered the claimant to serve the notice on both firms. No costs order was made. The substantive claim and counterclaim remain undetermined.
Key legal issues
#01
Effect of an unclarified notice of change of advocates on preparation of judgment
Holding
Judgment deferred pending clarification of the respondent's representation
Reasoning
In preparing judgment the court discovered a notice of change of advocates dated November 27, 2020 filed by Kihara Njuguna & Company for the respondent, with no clarity on whether the change was communicated to the claimant's advocates. To avoid a later application to reopen proceedings, the court halted delivery of judgment and directed mention for clarification.
p. 2
Legal principles established
#- Where a notice of change of advocates on record may not have been communicated to the opposing party, the court should halt judgment and allow clarification of representation before delivering judgment
Court orders
#- 1.Preparation and delivery of judgment is deferred pending clarification on representation of the respondent
- 2.Mention on February 21, 2023
- 3.The claimant shall serve the notice upon both EKN LLP Advocates and Kihara Njuguna & Company
- Jurisdiction invoked
- Original jurisdiction of the Employment and Labour Relations Court over a statement of claim and counterclaim under employment law
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Momanyi v Kenya National Chamber of Commerce (Cause 1272 of 2018) [2023] KEELRC 166 (KLR)", Case Analysis (2023). Cause No 1272 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/166/eng@2023-01-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.