[2013] KEELRC 455 (KLR)
The court found that the application for review dated 29th August, 2011 was incompetent because it was filed by Mr. Akalo Wanyanga, who was not qualified to practice law at the time, as evidenced by the Law Society of Kenya's letter confirming he did not hold a current practicing certificate. The court held that...
Source-derived case information.
- Citation
- [2013] KEELRC 455 (KLR)
- Parties
- Claimant: Parmenas Kathuri Ngari; Respondent: AGS World Wide Movers (K) Ltd.
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 659 of 2010
- Procedural Posture
- Employment Cause / Ruling on Application for Review
- Outcome
- application struck out as incompetent
- Judges
- DO Ogal
- Legal Topics
- Advocate Qualification, Striking Out Incompetent Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Parmenas Kathuri Ngari
Claimant
AGS World Wide Movers (K) Ltd.
Respondent
Procedural Posture
Employment Cause / Ruling on Application for Review
Legal Issues
- 1 Whether the application for review is competent when filed by an advocate not holding a current practicing certificate.
Ratio Decidendi
The court found that the application for review dated 29th August, 2011 was incompetent because it was filed by Mr. Akalo Wanyanga, who was not qualified to practice law at the time, as evidenced by the Law Society of Kenya's letter confirming he did not hold a current practicing certificate. The court held that pleadings or applications filed by unqualified persons are invalid and cannot be entertained. Consequently, the application was struck out with costs awarded to the applicant.
Court Disposition
application struck out as incompetent
Orders
- The application for review dated 29th August, 2011 is struck out.
- Costs awarded to the applicant.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
Industrial Court of Kenya
Cause 659 of 2010 [if gte mso 9]><xml>
Normal 0
false false false
EN-US X-NONE X-NONE
</xml><![endif]
PARMENAS KATHURI NGARI …................................... CLAIMANT
VERSUS
AGS WORLD WIDE MOVERS (K) LTD. …............. RESPONDENT
R U L I N G
From the the evidence exhibited in the application dated 1st November, 2011 especially the letter dated 12th October, 2011 from Law Society of Kenya which confirms that the firm of Akalo Wanyanga & Co. Advocates is not registered with it and that Mr. Akalo Wanyanga does not hold a current practicing certificate, the application for review dated 29th August, 2011 is incompetent for the reason that it was filed by an unqualified person. The same is hereby struck out with costs to the applicant.
It is so ordered.
Dated at Nyeri this 30th day of January, 2013.
Abuodha J. N.
Judge
Delivered this 13th day of February, 2013.
Delivered in open Court in the presence of ….......................... for the Claimant and …............................................... for the Respondent.
M. Onyango
Judge
[if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; text-autospace:ideograph-other; font-size:12. 0pt;"Liberation Serif","serif";} </style> <![endif]