Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedNot stated in the judgment· [2025] KEELRC 1977 (KLR)

Abura v Coast Water Works Development Agency & 11 others (Petition E009 of 2025) [2025] KEELRC 1977 (KLR)

Employment and Labour Relations Court
3 July 2025
1,557 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court in Mombasa dismissed an attempt to kick out a law firm over representation papers, confirming parties can fix filing mistakes and choose their own lawyers.

What this practically means

#

Executive summary

#
This ruling of the Employment and Labour Relations Court at Mombasa, delivered by M. Mbarũ J on 3 July 2025, determined a Notice of Preliminary Objection dated 3 June 2025 raised by the petitioner in a still-pending petition. The petitioner objected that Muturi Gakuo & Kibara Advocates had placed itself on record for the 1st respondent, a state corporation under the State Corporations Act, and for the 1st to 6th interested parties without the written approval of the Attorney General and without a Certificate for the Appointment of External Advocates; the petitioner sought to have all documents filed by the firm struck out and the firm barred from acting. The firm responded that it had amended its Notice of Appointment to reflect that it acts only for the 4th, 5th, 6th, 7th, 8th, 10th and 11th respondents and the 1st to 6th interested parties, while the State Counsel confirmed appearance for the 1st, 2nd, 3rd and 12th respondents through the Attorney General. Applying the Mukisa Biscuits test, the court held the objection no longer disclosed merit: the representation defect had been cured by amendment before pleadings closed, and the interested parties, sued personally as Deputy Directors, enjoy under Section 20 of the ELRC Act the right to attend through counsel of their choice. The objection was dismissed, with directions on record-keeping and compliance with Rule 24(1), and costs made to abide the outcome of the petition.

Key legal issues

#
01

Whether the preliminary objection raised a pure point of law

Holding

The objection failed because the representation issue was cured by amendments to the Notice of Appointment and the Attorney General's entry of appearance

Reasoning

The court reaffirmed the Mukisa Biscuits test that a preliminary objection must rest on pure points of law apparent from the pleadings. Here the firm had amended its Notice of Appointment to reflect the corrected representation, and the Attorney General had appeared for the state corporation respondents. The petition was at a preliminary stage where amendments are freely allowed, so the objection no longer held merit.

p. 4
02

Whether interested parties can appoint their own advocates without the Attorney General's Certificate

Holding

Interested parties sued in their personal capacity as Deputy Directors have a right to choose their own advocate

Reasoning

The petitioner argued the interested parties' actions could not be separated from their official roles in the 1st respondent, so only the Attorney General could sanction their representation. The court held that because the petitioner brought them to court personally, they must defend themselves personally and may select counsel of choice; the court cannot dictate who represents them.

p. 4

Legal principles established

#
  • Preliminary objections must be raised on pure points of law based on the pleadings
  • Parties may amend pleadings before judgment and the court should permit amendments meeting the ends of justice
  • Interested parties sued in their personal capacity have the right to choose their own advocate

Court orders

#
  1. 1.The Notice of Preliminary Objection dated 3 June 2025 is dismissed as without merit
  2. 2.Records to be updated with the Further Amended Notice of Appointment of Advocate by Muturi Gakuo & Kibara Advocates
  3. 3.Records relating to the 4th, 6th, 7th, 8th, 10th and 11th respondents and 1st to 6th interested parties, whether filed or to be filed, to be kept in a single bound folder marked for those respondents and interested parties
  4. 4.The 4th, 6th, 7th, 8th, 10th and 11th respondents and the 1st to 6th interested parties to comply with Rule 24(1) of the Employment and Labour Relations Court (Procedure) Rules and submit hard copy bundles of records

Authorities

#

Legislation

  • State Corporations ActNot specified
  • Employment and Labour Relations Court (Procedure) RulesRule 24(1)
  • Employment and Labour Relations Court ActSection 20

Cases cited (3)

  • Mukisa Biscuits Manufacturing Co. Ltd. v West End Distributors Ltd
    [1969] EA 696
  • John Njuguna Kimunya v Teresiah Wachuka Kimunya & another
    [2016] eKLR
  • John Nyamari Mogaka t/a Ouru Hyper Stores v Charles Matundura Mogaka & Another
Jurisdiction invoked
First-instance petition before the Employment and Labour Relations Court pursuant to the Employment and Labour Relations Court Act and the Employment and Labour Relations Court (Procedure) Rules

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Abura v Coast Water Works Development Agency & 11 others (Petition E009 of 2025) [2025] KEELRC 1977 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1977/eng@2025-07-03

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.