[2015] KEELRC 18 (KLR)
The court found that the Respondent's application to dismiss the claim was merited because the Claimant's Advocate did not have a current practicing certificate. The absence of a valid practicing certificate is a procedural defect that goes to the root of representation before the court. As such, the claim was...
Source-derived case information.
- Citation
- [2015] KEELRC 18 (KLR)
- Parties
- Claimant: Julius Mrabu Ndegwa; Respondent: Glovama [K] Ltd t/a Miami Pool Party
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 631 of 2014
- Procedural Posture
- Employment Cause / Application for Dismissal at Mention
- Outcome
- Claim dismissed with costs to the Respondent.
- Legal Topics
- Unlawful Termination, Unfair Dismissal, Advocate Practising Certificate, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Mrabu Ndegwa
Claimant
Glovama [K] Ltd t/a Miami Pool Party
Respondent
Procedural Posture
Employment Cause / Application for Dismissal at Mention
Legal Issues
- 1 Whether the Claimant's suit should be dismissed due to his Advocate's lack of a current practicing certificate.
Ratio Decidendi
The court found that the Respondent's application to dismiss the claim was merited because the Claimant's Advocate did not have a current practicing certificate. The absence of a valid practicing certificate is a procedural defect that goes to the root of representation before the court. As such, the claim was dismissed with costs awarded to the Respondent.
Court Disposition
Claim dismissed with costs to the Respondent.
Orders
- The Claim is dismissed.
- Costs awarded to the Respondent.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT
AT MOMBASA
CAUSE NUMBER 631 OF 2014
BETWEEN
JULIUS MRABU NDEGWA……………………………………………………………………..CLAIMANT
VERSUS
GLOVAMA [K] LTD T/A MIAMI POOL PARTY………………….…………….........……. RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
Representative for the Claimant absent.
Mr. Muthuri Advocate instructed by Kinyua Muyaa & Company Advocate, for the Respondent.
______________________________________________________________________________
ISSUE IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
[Rule 27[1][a] of the Industrial Court [Procedure] Rules 2010]
1. The Claimant filed his Statement of Claim on 15th December, 2014.
2. The Respondent filed its Statement of Response on 29th January, 2015.
3. The dispute came up for mention on 1/12/2015. The Respondent’s Advocates informed the Court that the Claimant’s Advocate does not have a current practicing Certificate. The Respondent applied to have the Claim dismissed on this ground.
4. The Court is satisfied the application by the Respondent is merited. The Claim is dismissed, with costs to the Respondent.
Dated and delivered at Mombasa this 1st day of December, 2015
James Rika
Judge