David Mwaniki Kibe v AIC Cure International Children's Hospital [2014] KEELRC 771 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 771
- Citation
- [2014] KEELRC 771 (KLR)
- Decided
- 22 January 2014
Summary at a glance
TypeIndustrial DisputePostureClaimant's claim for unfair termination of employment struck out due to unqualified advocate filing the claimCoramLINNET NDOLO
The Claimant's Memorandum of Claim dated 22nd May 2013 and filed in Court on 4th June 2013 is incompetent and unsustainable and is hereby struck out with no order for costs.
Facts
Claimant filed a claim for unfair termination of employment against the Respondent on 4th June 2013. The Respondent filed a Notice of Preliminary Objection on 1st July 2013, arguing the claim was incompetent due to the unqualified status of the advocate. The Respondent also filed a Notice of Motion on 15th October 2013.
Issues
- Status of pleadings drawn by an unqualified advocate
- Incompetence of the Claimant's Memorandum of Claim
Reasoning
The Advocate on record did not hold a practicing certificate, making him unqualified to practice as an Advocate and file pleadings in court.
Outcome
Claimant's claim for unfair termination of employment is struck out with no order for costs.
Orders
- Memorandum of Claim dated 22nd May 2013 and filed in Court on 4th June 2013 is struck out with no order for costs.
Authorities cited
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