Mumo v Ten Senses Africa Limited (Cause E560 of 2022) [2025] KEELRC 3535 (KLR) (11 December 2025) (Ruling)

Mumo v Ten Senses Africa Limited (Cause E560 of 2022) [2025] KEELRC 3535 (KLR) (11 December 2025) (Ruling)

Non-joinder of the alleged harasser is not a pure point of law and cannot be the basis for a preliminary objection to strike out the suit. The Civil Procedure Rules and case law are clear that non-joinder or misjoinder does not defeat a suit. The preliminary objection is therefore devoid of merit and is dismissed.

Citation
[2025] KEELRC 3535 (KLR)
Parties
Claimant: Lilian Mumo; Respondent: Ten Senses Africa Limited
Court
Employment and Labour Relations Court
Jurisdiction
Kenya
Judgment Date
11 December 2025
Case Number
Cause E560 of 2022
Procedural Posture
Employment and Labour Relations Cause / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed
Legal Topics
Non Joinder of Parties, Preliminary Objection, Sexual Harassment, Striking Out Pleadings
Source Language
English
Employment Law Civil Procedure Non Joinder of Parties Preliminary Objection Sexual Harassment Striking Out Pleadings

Case Brief

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Parties

Lilian Mumo

Claimant

Ten Senses Africa Limited

Respondent

Procedural Posture

Employment and Labour Relations Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether non-joinder of the alleged harasser is fatal to the suit and warrants striking out the claim
  2. 2 Whether a preliminary objection can be sustained on the ground of non-joinder

Ratio Decidendi

Non-joinder of the alleged harasser is not a pure point of law and cannot be the basis for a preliminary objection to strike out the suit. The Civil Procedure Rules and case law are clear that non-joinder or misjoinder does not defeat a suit. The preliminary objection is therefore devoid of merit and is dismissed.

Court Disposition

Preliminary objection dismissed

Orders

  • Notice of Preliminary Objection dated 12th June 2025 is dismissed with costs in the cause.
  • The matter shall proceed to hearing on the merits.