Kaumbi v Tegla Loroupe Peace Fondation & another (Cause E246 of 2021) [2024] KEELRC 1458 (KLR)
The bottom line
#Kenya's Employment Court ruled that an organisation that hired and fired an employee cannot escape being sued by claiming it doesn't legally exist.
What this practically means
#Executive summary
#Key legal issues
#Whether the 1st Respondent exists in law so as to be properly sued
The PO fails; the record shows the 1st Respondent employed, suspended and terminated the Claimant, satisfying the definition of 'Employer' under Section 2 of the Employment Act.
The employment contract was signed between the 1st Respondent and the Claimant; payroll, internal communications, the suspension letter, show-cause letter and termination letter all issued in the 1st Respondent's name following a meeting of its Board of Trustees. The Respondents' own pleadings admitted employing the Claimant, contradicting the assertion that the 1st Respondent is non-existent.
Whether the 2nd Respondent, the 1st Respondent's president, is improperly joined
The joinder is not improper; the 2nd Respondent is described in the pleadings as the 1st Respondent's president and the pleadings do not support the objection.
The Respondents admitted the description of parties in the Statement of Claim and pleaded that the 2nd Respondent is the 1st Respondent's president. The court reasoned that an entity that had capacity to employ and terminate could not later be deprived of capacity to be sued, so the objection on misjoinder had no merit.
Legal principles established
#- A party with capacity to employ and terminate employment cannot be deprived of the capacity to be sued; an entity that employs, pays and terminates within the statutory definition of 'Employer' is properly sued.
Court orders
#- 1.The PO is declined.
- 2.Costs in the cause.
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act (Section 2 definition of 'Employer')
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kaumbi v Tegla Loroupe Peace Fondation & another (Cause E246 of 2021) [2024] KEELRC 1458 (KLR)", Case Analysis (2024). Not stated in excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1458/eng@2024-06-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.