Miriam Nzilani Mweu v Kiptinness & Odhiambo Associates [2019] KEELRC 645 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 645
- Citation
- [2019] KEELRC 645 (KLR)
- Decided
- 23 October 2019
The Court finds that the contractual breaches and constitutional violations are intertwined and that arbitration would not serve the purpose of resolving the dispute. The Court directs the parties to file their answers and submissions.
Facts
The applicant, Miriam Nzilani Mweu, was an advocate admitted as a Partner with Kiptinness & Odhiambo Associates. She resigned and demanded unpaid commissions, which the Respondent did not dispute. The Respondent later filed an application for stay of proceedings and referral to arbitration.
Issues
- violation of constitutional rights
- arbitration jurisdiction
Reasoning
The Court agrees with the applicant that the allegations of constitutional violations are intertwined with contractual breaches and that arbitration would not serve the purpose of resolving the dispute. The Court directs the parties to file their answers and submissions.
Outcome
The application for stay of proceedings and referral to arbitration is dismissed.
Orders
- Respondent to file and serve answer to Petition by 8 November 2019
- Applicant to file and serve further affidavits and submissions by 22 November 2019
- Respondent to file and serve submissions by 6 December 2019
- Submissions to be highlighted on a date to be agreed to
Authorities cited
Cases cited (3)
- Addock Ingram East Africa v Surgilinks Ltd (2012) eKLR
- UAP Provincial Insurance Company Ltd v Michael John Beckett (2013) eKLR
- Nanchang Foreign Engineering Company (K) Ltd v Easy Properties Kenya Ltd (2014) eKLR
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