Andrew Tubei Mulati v Enock Wamalwa Kibunguchy & another [2017] KEELRC 1955 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1955
- Citation
- [2017] KEELRC 1955 (KLR)
- Decided
- 26 January 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureApplication for Certification and Leave to EnjoinCoramHon. Lady Justice Maureen Onyango
Holding
The Court held that the Parliamentary Service Commission was not the proper party to be sued and dismissed the application.
Facts
The Claimant, Andrew Tubei Mulati, was employed by the 1st Respondent, Dr. Enock Wamalwa Kibunguchy, a Member of Parliament for Likuyani Constituency. The 2nd Respondent, the Parliamentary Service Commission, was alleged to be the proper employer of the Claimant.
Issues
- Who was the employer of the Claimant, Dr. Kibunguchy or the Parliamentary Service Commission?
- Whether the Parliamentary Service Commission was the proper party to be sued?
Reasoning
The Court found that the employment contract was between the Claimant and the 1st Respondent, not the Parliamentary Service Commission. The Commission only provided a format for the contract and had no direct relationship with the constituency office.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Parliamentary Service (Constituency Offices) Regulations, 2005
- Article 127 of the Constitution
Cases cited (1)
- Mombasa Civil Appeal No. 59 of 2014: Parliamentary Service Commission V. George Okoth Owuor & 2 Others
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…