Areri v Multichoice Kenya Limited & another (Cause E1016 of 2021) [2022] KEELRC 12761 (KLR) (28 April 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 12761
- Citation
- [2022] KEELRC 12761 (KLR)
- Decided
- 28 April 2022
The 2nd respondent shall remain a party in the claim and the application to strike her out is dismissed. The claim shall be heard on the merits.
Facts
The claimant, Justin Areri, was summarily dismissed by the 2nd respondent, Nancy Matimu, who is the managing director of the 1st respondent, Multichoice Kenya Limited. The claimant sued both respondents for breach of his fundamental rights and freedoms, unfair termination of his employment, and compensation.
Issues
- Whether the 2nd respondent is a necessary party in the claim
Reasoning
The court ruled that the 2nd respondent is a necessary party as she is the managing director of the 1st respondent and can enforce the contract of employment. The court emphasized the importance of hearing the matter on the merits and the right to decide who the respondent(s) to the claim should be.
Outcome
The application to strike out the 2nd respondent is dismissed.
Orders
- The 2nd respondent shall remain a party in the claim.
- The application is dismissed.
- The claim shall be heard on the merits.
Authorities cited
Legislation (3)
- Employment and Labour Relations Court (Procedure) Rules, 2016
- Employment and Labour Relations Court Act, 2011
- Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013
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