Katieno v University of Eastern Africa, Baraton (Cause E017 of 2022) [2023] KEELRC 1653 (KLR)
The bottom line
#A Kenyan employment court ruled that two lawsuits over different stages of the same job dispute are not 'sub judice', so the case could proceed.
What this practically means
#Executive summary
#Key legal issues
#Whether the two suits between the same parties raise the same issues for purposes of section 6 of the Civil Procedure Act
They do not; the first suit contests suspension and redeployment while the second contests termination, so the causes of action and prayers are distinct
The court compared the prayers in the two causes. The first suit (Eldoret ELRC E039 of 2021) challenged suspension and redeployment from Tutorial Fellow to Farm Manager, seeking lifting of the suspension and reinstatement. The instant suit challenges termination of employment, seeking reinstatement or compensation. Although the parties and facts overlap and the first suit could have been amended, the causes of action arose at different times from separate events, so the sub judice doctrine does not apply.
Whether the objection met the Mukhisa Biscuit threshold of a pure point of law
The court noted the objection required ascertainment of facts and, in any event, dismissed it on the merits
The Claimant argued that determining whether the suits were sub judice required an inquiry into facts not before the court, invoking the Mukhisa Biscuit test that a preliminary objection must raise a pure point of law on assumed facts. The court considered this but proceeded to determine the objection on its merits, finding the sub judice claim unproved and the sought striking-out remedy unavailable under section 6.
Legal principles established
#- Suits arising from separate causes of action, even between the same parties and on overlapping facts, do not fall foul of the sub judice doctrine
- A finding of sub judice under section 6 leads to a stay, not striking out, of the later suit
Court orders
#- 1.The preliminary objection dated 30th September 2022 is dismissed with costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction; section 6 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Katieno v University of Eastern Africa, Baraton (Cause E017 of 2022) [2023] KEELRC 1653 (KLR)", Case Analysis (2023). Not stated in extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1653/eng@2023-07-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.