Dorothy Jemator Kimengech v David Mukii Mereke t/a Mereka & Company Advocates [2020] KEELRC 1127 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1127
- Citation
- [2020] KEELRC 1127 (KLR)
- Decided
- 6 May 2020
The court finds that the Respondent did not breach the fee-sharing agreement and dismisses the claimant's claim. The court also dismisses the Respondent's counterclaim for Kshs 150,000/=
Facts
Claimant was employed as an advocate by the Respondent and was entitled to a 15% commission on fees received from clients introduced by her. The claimant alleged that she introduced the Independent Electoral and Boundaries Commission (IEBC) to the Respondent and received a commission of Kshs 701,922/=. The Respondent denied the claimant's allegations and argued that the claimant was not introduced by them.
Issues
- Whether the Respondent breached the fee-sharing agreement by refusing to pay the commission on fees collected from IEBC.
- Whether the Respondent should be held liable for the claimant's counterclaim for Kshs 150,000/=
Reasoning
The court finds that the claimant was not introduced by the Respondent to the IEBC and was assigned to follow up on pending fees for work already done. The court dismisses the claimant's claim as the fee-sharing agreement was for new work introduced by the claimant, not collections on pending fee-notes.
Outcome
Both the claimant's claim and the Respondent's counterclaim are dismissed with no order as to costs.
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