Odhiambo v Kisang & 3 others (Cause E089 of 2023) [2024] KEELRC 1031 (KLR)
The bottom line
#The Employment Court kept three World Vision managers in an employee's defamation suit, ruling that anyone a claim is pleaded against stays in the case.
What this practically means
#Executive summary
#Key legal issues
#Whether a cause of action was pleaded against the 1st to 3rd Respondents
The Court held that the Claimant pleaded defamation against the Respondents, and the Respondents themselves acknowledged the defamation issue in their Proposed Issues, so the application to strike out failed
The Court examined the Statement of Claim and found causes of action, including defamation, expressly pleaded against the 1st to 3rd Respondents based on a letter dated 29 August 2023. The Respondents' own Proposed Issues included the question of defamation, confirming the issue was live. Whether the pleading met the substantive standard for defamation was a matter for trial, not a striking-out application.
Whether the agency argument justified striking out the 1st to 3rd Respondents
The agency argument did not avail the applicants because, on the pleaded defamation cause, the 1st to 3rd Respondents were necessary and proper parties regardless of whether relief was sought against them
Although the applications were grounded on the assertion that the 1st to 3rd Respondents were mere agents of World Vision Kenya against whom no relief was sought, the existence of a pleaded defamation claim against them personally meant they were necessary and proper parties whose presence was required for the just determination of the Cause.
Legal principles established
#- A party against whom a cause of action is pleaded is a necessary and proper party whether or not relief is specifically sought against them; whether the pleading has substance is not determined at the striking-out stage
Court orders
#- 1.The 3 Summons seeking the striking out of the names of the 1st to 3rd Respondents are dismissed with costs in the cause
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over wrongful termination of employment, breach of contract and defamation pleaded in the Statement of Claim (statutory basis not expressly cited in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Odhiambo v Kisang & 3 others (Cause E089 of 2023) [2024] KEELRC 1031 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1031/eng@2024-05-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.