[2018] KEELRC 2268 (KLR)
The court held that since the suit was filed after the respondent was conferred immunity under section 9 of the Privileges and Immunities Act, the respondent is immune from legal process. The fact that the cause of action accrued before the conferment of immunity is immaterial, as the immunity bars any legal...
Source-derived case information.
- Citation
- [2018] KEELRC 2268 (KLR)
- Parties
- Claimant: Joseph Gogo Ojango; Respondent: The African Union Commission
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 933 of 2016
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection
- Outcome
- suit struck out with costs
- Judges
- DI Wasike
- Legal Topics
- Immunity of International Organizations, Privileges and Immunities Act, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Gogo Ojango
Claimant
The African Union Commission
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the respondent, as an international organization, is immune from legal process under the Privileges and Immunities Act.
- 2 Whether the conferment of immunity after the accrual of the cause of action bars the suit from proceeding.
Ratio Decidendi
The court held that since the suit was filed after the respondent was conferred immunity under section 9 of the Privileges and Immunities Act, the respondent is immune from legal process. The fact that the cause of action accrued before the conferment of immunity is immaterial, as the immunity bars any legal proceedings instituted after its conferment. Therefore, the suit cannot be sustained and must be struck out.
Court Disposition
suit struck out with costs
Orders
- The suit is struck out with costs to the respondent.
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 NUMBER 933 OF 2016
JOSEPH GOGO OJANGO.......................................CLAIMANT
VERSUS
THE AFRICAN UNION COMMISSION...........RESPONDENT
RULING
1. The respondent raised as preliminary, the objection that the respondent being an international organization of which the government of Kenya is a member was immune from legal process by virtue of Privileges and Immunities Act.
2. It is not disputed that by Legal Notice Number 1 dated 10th December, 2014 the respondent was conferred with immunity as per section 9 of the Privileges and Immunities Act. The claimant herein contends that the cause of action herein accrued before the conferment of immunity on the respondent that is in 2010.
3. It settled law that an organization enjoying immunity under the Privileges and Immunities Act cannot be subject to the legal process. This suit was filed on 19th May 2016 after the conferment of immunity on the respondent hence cannot be sustained.
4. Legal process includes, litigation, judgement and execution. It may well be that the cause of action herein accrued before the conferment of immunity on the respondent but of what use would be a judgement in favour of the claimant if the court so finds, against a body which has subsequently been conferred with immunity under Section 9 of the Act?
5. The court finds the preliminary objection merited and hereby strikes out the suit herein with costs.
6. It is so ordered.
Dated at Nairobi this 2nd day of March 2018
Abuodha J. N.
Judge
Delivered at Nairobi this 2nd day of March 2018
Abuodha J. N.
Judge
In the presence of:-
……………………...…… for the claimant
.………………………. for the Respondent