[2017] KEELRC 1403 (KLR)
The court found that the Council of Governors, as the heads of the respective counties and appointing authorities for the petitioners, have a legitimate interest in the outcome of the proceedings, particularly given the potential financial implications of any orders made. The court further held that the rules permit...
Source-derived case information.
- Citation
- [2017] KEELRC 1403 (KLR)
- Parties
- Applicant: County Secretary of Uasin Gishu & Others; Respondent: Salaries & Remuneration Commission; Interested Party: Council of Governors
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 136 of 2016
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection Regarding Joinder of Interested Party
- Outcome
- Preliminary objection overruled; Interested Party to remain in proceedings.
- Judges
- DI Wasike
- Legal Topics
- Joinder of Parties, Preliminary Objection, County Government Employment, Financial Implications of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
County Secretary of Uasin Gishu & Others
Applicant
Salaries & Remuneration Commission
Respondent
Council of Governors
Interested Party
Procedural Posture
Employment Cause / Ruling on Preliminary Objection Regarding Joinder of Interested Party
Legal Issues
- 1 Whether the Council of Governors should be joined as an interested party in the proceedings.
- 2 Whether the participation of the Council of Governors is necessary for the determination of the issues in dispute.
- 3 Whether any prejudice would be occasioned to the Interested Party by being joined.
Ratio Decidendi
The court found that the Council of Governors, as the heads of the respective counties and appointing authorities for the petitioners, have a legitimate interest in the outcome of the proceedings, particularly given the potential financial implications of any orders made. The court further held that the rules permit joinder of parties where their participation would provide necessary perspective or enlightenment to the court. No irreparable harm would be caused to the Interested Party by their inclusion, as any prejudice could be addressed by an award of costs. Accordingly, the preliminary objection to their joinder was overruled, and the Council of Governors was retained as an interested...
Court Disposition
Preliminary objection overruled; Interested Party to remain in proceedings.
Orders
- The preliminary objection by the Interested Party is overruled.
- The Council of Governors shall remain as an Interested Party in the proceedings.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NAIROBI
CAUSE NO. 136 OF 2016
COUNTY SECRETARY OF UASIN GISHU& OTHERS ……...CLAIMANT
VERSUS
SALARIES & REMUNERATIONCOMMISSION..…………RESPONDENT
AND
COUNCIL OF GOVERNORS ………………......……INTERESTED PARTY
RULING
1. The court has considered submissions by Mr Gaturu for the Interested Party on their objection to be included in the proceedings. The petitioners are employees of County Public Service in the respective counties which are headed by Governors.
2. The appointment is by the Governors. The Council of Governors do therefore have an interest in the order the court might make in the ultimate. As submitted by Mr Awuor for the petitioner the decision of this court might have financial implication which might require to be implemented or overseen by the Governors as the heads of respective counties and their participation in these proceeding will serve to keep them updated on the possible financial implications on their respective counties if the petition becomes successful.
3. The rules of this court allows it to have a party joined in a suit if the court is of the view that such party would serve to enlighten or give a necessary perspective in the matter. In the circumstances, no harm incapable of assignment by costs would be occasioned to the Interested Party if allowed to remain in the suit.
4. The preliminary objection is therefore overruled and the Interested Party shall remain in the proceedings.
5. It is so ordered.
Dated at Nairobi this ………day of …………….2017.
Abuodha J. N.
Judge
Delivered this 28th day of April 2017
In the presence of:-
……………………………………………for the Claimant and
……………………………………………for the Respondent.
Abuodha J. N.
Judge