[2016] KEELRC 75 (KLR)
The court declined to grant the orders sought by the respondents to vacate the interim orders and strike out the suit, holding that the application raised several factual disputes that could not be resolved without oral evidence. The judge found that the issues of locus standi, jurisdiction, and alleged abuse of...
Source-derived case information.
- Citation
- [2016] KEELRC 75 (KLR)
- Parties
- Claimant: Geoffrey Asanyo; Respondent: The Chairman, Board of Directors, Nakuru Water and Sanitation Company Limited; Respondent: Nakuru Water and Sanitation Company Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2106 of 2015
- Procedural Posture
- Employment Cause / Ruling on Interlocutory Application to Vacate Interim Orders and Strike Out Suit
- Outcome
- Application dismissed; main claim to proceed to hearing.
- Judges
- L Ndolo
- Legal Topics
- Locus Standi, Jurisdiction of Employment Court, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Asanyo
Claimant
The Chairman, Board of Directors, Nakuru Water and Sanitation Company Limited
Respondent
Nakuru Water and Sanitation Company Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Interlocutory Application to Vacate Interim Orders and Strike Out Suit
Legal Issues
- 1 Whether the claimant has locus standi to bring the claim.
- 2 Whether the court has jurisdiction to entertain the matter.
- 3 Whether the suit is an abuse of the court process and brought in bad faith.
Ratio Decidendi
The court declined to grant the orders sought by the respondents to vacate the interim orders and strike out the suit, holding that the application raised several factual disputes that could not be resolved without oral evidence. The judge found that the issues of locus standi, jurisdiction, and alleged abuse of process required a full hearing where evidence could be tested. As such, the court directed that the main claim be set down for hearing on a priority basis, emphasizing that summary determination was inappropriate where material facts are contested.
Court Disposition
Application dismissed; main claim to proceed to hearing.
Orders
- The respondents' application dated 8th December 2015 is declined.
- The main claim is to be fixed for hearing on a priority basis.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO 2106 OF 2015
GEOFFREY ASANYO.................................................................................CLAIMANT
VERSUS
THE CHAIRMAN, BOARD OF DIRECTORS, NAKURU
WATER AND SANITATION COMPANY LIMITED......................1ST RESPONDENT
NAKURU WATER AND SANITATION COMPANY LIMITED....2ND RESPONDENT
RULING
1. This ruling relates to the Respondents’ application dated 8th December 2015 and filed in Court on 9th December 2015 seeking that the orders granted by Mbaru Jon 1st December 2015 be vacated and that the Claimant’s suit and application dated 1st December 2015 be struck out.
2. The application which is supported by the affidavit of Osman Ibrahim is based on the following grounds:
a. That the Court should not aid egregious actions;
b. That the Court lacks jurisdiction to entertain the matter;
c. That the Claimant lacks locus standi to bring the claim;
d. That the suit is brought in bad faith and is an abuse of the court process.
3. In the supporting affidavit sworn by Osman Ibrahim on 8th December 2015, it is deponed that the Claimant participated in the shortlisting and interviews of candidates for the positions of GIS Analyst, Technical Manager and Human Resource and Administration Manager but failed to attend the final sitting to which he had been invited.
4. Ibrahim further depones that the persons appointed were qualified to hold the respective positions. From the interview reports, the decisions on the positions of GIS Analyst and Technical Manager were unanimous while that on the position of Human Resource and Administration Manager was carried by a majority of eight (8) out of nine (9).
5. It is further deponed that the Claimant lacks the locus standi to bring the claim as he has suffered no injury from the decisions of the Board and the appointments.
6. Ibrahim states that by bringing this claim, the Claimant is acting in bad faith and is pursuing his own selfish ends.
7. I have looked at the affidavit sworn by Osman Ibrahim in support of this application and find that it raises many issues of fact that need to be tested by viva voce evidence. I therefore decline to grant the orders sought and direct the parties to fix the main claim for hearing on priority basis.
8. Orders accordingly.
DATED SIGNED AND DELIVERED IN OPEN COURT AT NAIROBITHIS 9THDAY OF DECEMBER 2016
LINNET NDOLO
JUDGE
Appearance:
Mr. Ogola for the Respondents
No appearance for the Claimant