Mutisya v Theuri & another (Petition E070 of 2022) [2023] KEELRC 3302 (KLR) (7 December 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3302
- Citation
- [2023] KEELRC 3302 (KLR)
- Decided
- 7 December 2023
Summary at a glance
TypeLabor DisputePosturePetition for Declaration and ReliefCoramM. ONYANGO
The court determined that the 1st Respondent was improperly joined as a defendant and dismissed the petition against him.
Facts
The Petitioner, Josephat Mutunga Mutisya, is an Advocate of the High Court of Kenya and the Chief Executive Officer and Secretary to the Council of the Law Society of Kenya. He alleges that the Respondents, Eric Theuri and the Law Society of Kenya, have violated his rights under Articles 41, 47(1) & (2) and Article 50(1) of the Constitution as read with sections 44 and 45 of the Employment Act.
Issues
- Whether the 1st Respondent has properly been sued in this Petition.
- Whether the Petitioner’s contract of employment is valid and if so, whether he was unfairly dismissed.
Reasoning
The court applied Civil Procedure Rules and the principles set out in Civicon Limited v kivuwatt Limited and Kingori v Chege & 3 others to conclude that the 1st Respondent was not a necessary party to the suit.
Outcome
The petition against the 1st Respondent was dismissed.
Orders
- The 1st Respondent was dismissed as a defendant in the petition.
Authorities cited
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