Kenya National Union of Nurses v Murang’a County Public Service Board & 2 others [2019] KEELRC 711 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 711
- Citation
- [2019] KEELRC 711 (KLR)
- Decided
- 7 October 2019
Summary at a glance
TypeLabor DisputePosturePreliminary Objection to MisjoinderCoramNzioki wa Makau
The objection to the misjoinder of Wycliffe Ambetsa Oparanya is upheld, and his name is struck out of the proceedings with costs to the 3rd Respondent.
Facts
The Kenya National Union of Nurses filed a lawsuit against the Murang’a County Public Service Board and the Murang’a County Government, including Wycliffe Ambetsa Oparanya as the Chair of the Council of Governors.
Issues
- Misjoinder of Wycliffe Ambetsa Oparanya as the Chair of the Council of Governors
- Jurisdiction of the court to hear and determine the suit
Reasoning
The court ruled that the suit should not proceed against the Chair of the Council of Governors in his personal capacity, as the Council of Governors is a body corporate capable of suing and being sued.
Outcome
The suit survives but the costs of the 3rd Respondent are to be borne by the Claimants for the misjoinder.
Orders
- The name of Wycliffe Ambetsa Oparanya is struck out of the proceedings with costs to the 3rd Respondent.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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