Miinyan v Turkana County Assembly & another; Turkana County Assembly Service Board (Interested Party) (Employment and Labour Relations Petition E008 of 2023) [2023] KEELRC 1496 (KLR)
The bottom line
#Kenya's Employment Court ruled that a law firm must have valid instructions from a legitimately appointed official, invalidating filings made by a rival firm without authority.
What this practically means
#Executive summary
#Key legal issues
#Representation - which firm was rightfully on record for the 1st respondent and interested parties
Sisule Musungu LLP were rightfully on record on May 29, 2023, having filed a notice of appointment on May 25, 2023 on instructions dated May 23, 2023 signed by the Deputy Clerk, who was rightfully in office after the petitioner's removal; Muga & Associates' later change-of-advocates notice and instructions were ineffective
The court traced the chronology: the petitioner was removed as Clerk on May 15, 2023 and the Deputy Clerk assumed office under section 21 of the County Assembly Service Act. Sisule Musungu LLP filed a notice of appointment on May 25, 2023 with written instructions of May 23, 2023. The consent was recorded on May 29, 2023 while they were on record. The purported withdrawal of instructions on May 31, 2023 came after the petitioner had been reinstated by court order, so the Deputy Clerk lacked authority to withdraw. Documents filed by Muga & Associates without instructions were struck out.
Legal principles established
#- A law firm coming on record must hold valid instructions from a person with authority to give them at the relevant time; instructions given by an officer who has been lawfully ousted cannot bind the office, nor can such an officer later withdraw instructions
Court orders
#- 1.A declaration that the counsel rightfully on record for the 1st respondent is Sisule Musungu LLP, who are free to proceed and prosecute the petition
- 2.The respondents are free to instruct any other counsel in future if they so wish
- 3.Documents filed by Muga & Associates, who had no instructions at the time of filing, are struck off the record
- Jurisdiction invoked
- Original employment and labour relations jurisdiction of the Employment and Labour Relations Court (petition filed May 17, 2023); specific provision not cited
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Miinyan v Turkana County Assembly & another; Turkana County Assembly Service Board (Interested Party) (Employment and Labour Relations Petition E008 of 2023) [2023] KEELRC 1496 (KLR)", Case Analysis (2023). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1496/eng@2023-06-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.