Jared Onduso v Pradeek K. Sood & another [2017] KEELRC 763

REPUBLIC OF KENYA EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI AT NAIROBI CAUSE NO. 1235 OF 2016 JARED ONDUSO…………………………………….…………..CLAIMANT VERSUS PRADEEK K. SOOD……….....………..…………….…..1ST RESPONDENT NICHOLAS OBIRIA……………………………………..2ND RESPONDENT RULING 1. The 1st Respondent has moved the court by a Notice of Motion dated 26 th July, 2016 seeking to be struck out of these proceedings on the ground that the claimant has never been his employee but that of the 2nd respondent. 2. In support of the application the 1st respondent attached a copy of gardening and cleaning services agreement signed between himself and the 2nd respondent. Where the claimant avers that he was employed as a driver by the respondents, he did not attach any letter of appointment to that effect. Further in the demand letter addressed to the 1 st respondent, the claimant’s counsel alleges that the 1 st respondent coerced the claimant to work as a driver without the claimant’s consent. The court fails to fathom save for slavery how someone can be coerced to perform such sensitive duties as a driver without his or her consent. 3. The foregoing renders plausible the 1st respondent’s contention that the claimant was not his employee but that of the 2nd respondent. In the circumstances the court allows the application and hereby strikes out the 1st respondent from this suit. 4. It is ordered. Dated at Nairobi this 17th day of March, 2017 Abuodha J. N. Judge Delivered this 17th of March, 2017 Abuodha J. N.

page 1 of 2