Edward Mangeni Wanyonyi & Linet Kaveha Luvisa v Jason Beagle, Amy Beagle & Jennifer Ashlock t/a Kenya Church of Christ Children Home (Cause 33 of 2014) [2020] KEELRC 1257 (KLR) (Employment and Labour) (15 April 2020) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1257
- Citation
- [2020] KEELRC 1257 (KLR)
- Decided
- 15 April 2020
Summary at a glance
TypeEmployment DisputePostureAppeal DismissedCoramHON. LADY JUSTICE HELLEN WASILWA
The Court finds the Respondents (the Respondents) improperly joined in the suit and lacks capacity to be sued, thus striking out the case with no orders as to costs.
Facts
The Claimants, Edward Mangeni Wanyonyi and Linet Kaveha Luvisa, were employed by the Respondents, Jason Beagle, Amy Beagle, and Jennifer Ashlock, to care for children at the Kenya Church of Christ Children Home. They alleged gross underpayment and wrongful dismissal.
Issues
- Employer liability
- Wrongful termination
- Underpayment
Reasoning
The Court ruled that the Respondents were employees of the Kenya Church of Christ Children Home and not the employers, as the trustees were the proper parties to sue. The Court also found the Claimants improperly joined the Respondents in the suit.
Outcome
Appeal Dismissed
Orders
- Strike out the case with no orders as to costs
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.
Loading judgment…