Bunde v Edu Plus Africa Limited & 2 others (Cause E691 of 2022) [2025] KEELRC 869 (KLR)
The bottom line
#Kenya's Employment Court allowed a former CEO to add a director and a linked company as parties after bank records showed money was moved out of the employer.
What this practically means
#Executive summary
#Key legal issues
#Joinder of necessary parties under Order 1 Rule 10(2) of the Civil Procedure Rules
The proposed 2nd and 3rd Respondents are necessary parties because the balance of probability shows movement of substantial funds from the Respondent to the proposed 3rd Respondent at the behest of the proposed 2nd Respondent, who is alleged to be transferring employees and assets to defeat the suit
The court applied the two cited authorities setting out the tests for joinder: whether the party is necessary or proper, whether relief flows from them, whether the decree would be enforceable without them and whether their presence enables complete adjudication. The Claimant's supporting affidavit, including NCBA Bank statements obtained by letter dated 17/9/2024 in her capacity as Director/CEO, was not sufficiently traversed by the Respondent. On a balance of probability the alleged movement of funds and transfer of employees and domain accounts made the proposed parties necessary.
Legal principles established
#- A proper party is one impleaded in the suit whose presence is necessary or relevant for the determination of the real matter in dispute or to enable the court effectively and completely adjudicate upon and settle all questions in the suit
- Movement of substantial money from a Respondent at the behest of a proposed party to a proposed third entity, insufficiently traversed, makes those proposed parties necessary parties under Order 1 Rule 10(2)
Court orders
#- 1.The Claimant/Applicant is granted leave to amend the amended statement of claim and include Humphrey Kasembeli Muchuma and Inua AI Solutions Limited as the 2nd and 3rd Respondents as prayed
- 2.Costs in the cause
- Jurisdiction invoked
- Employment and Labour Relations Court original jurisdiction under the Employment and Labour Relations Court Act; joinder sought under Order 1 Rules 1, 2 and 10(2) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bunde v Edu Plus Africa Limited & 2 others (Cause E691 of 2022) [2025] KEELRC 869 (KLR)", Case Analysis (2025). Notice of Motion application dated 25/9/2024 (statement of claim filed 4th November 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/869/eng@2025-03-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.