Emanuel Obingo Okumu v Eliezer Kiratu, Florence Ochieng, Manager Kenya Assembles of God Olympic and Childlife Vocational Training Centre Olympic [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Hon. Justice Byram Ongaya
Judgment Date
October 16, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Emanuel Obingo Okumu v Eliezer Kiratu, Florence Ochieng, and others [2020] eKLR, detailing key legal outcomes and implications for the involved parties. Know the verdict and its context.

Case Brief: Emanuel Obingo Okumu v Eliezer Kiratu, Florence Ochieng, Manager Kenya Assembles of God Olympic and Childlife Vocational Training Centre Olympic [2020] eKLR

1. Case Information:
- Name of the Case: Emanuel Obingo Okumu v. The Pastor Eliezer Kiratu, Supervisor Florence Ochieng, The Manager Kenya Assemblies of God Olympic and Childlife Vocational Training Centre Olympic
- Case Number: Cause No. 2362 of 2016
- Court: Employment and Labour Relations Court of Kenya
- Date Delivered: 16th October 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Byram Ongaya
- Country: Kenya

2. Questions Presented:
The central legal issues presented to the court include:
- Whether the claimant's memorandum of claim was properly filed and met the necessary procedural requirements.
- Whether the respondents were the appropriate parties to be sued in this case.

3. Facts of the Case:
The claimant, Emanuel Obingo Okumu, was employed by the respondents as a security guard from September 2010 until his termination in August 2014, totaling 48 months of service. He alleged that his termination was executed without adherence to legal procedures, rendering it unfair and unlawful. The claimant sought compensation for various claims, including unpaid wages, underpayment, housing allowance, unpaid overtime, and damages for unfair dismissal, totaling Kshs. 1,058,743.20.

4. Procedural History:
The claimant filed his memorandum of claim on 22nd November 2016. The respondents filed a response on 21st December 2016 and subsequently raised a preliminary objection on 19th June 2017, arguing that the claimant was non-suited and that the memorandum of claim was defective due to the absence of a verifying affidavit. The claimant later appointed new advocates and the parties agreed to submit on the preliminary objection. The court considered the submissions and the procedural issues raised.

5. Analysis:
- Rules: The court examined the Employment and Labour Relations Court (Procedure) Rules, 2016, specifically rule 4(2), which mandates that a statement of claim be accompanied by a verifying affidavit. The court also referenced the Oaths and Statutory Declarations Act regarding the duties of a Commissioner for Oaths.
- Case Law: The court cited Julian Akinyi Owino v. Kiarie Shoe Stores [2014] eKLR, where it was determined that proper parties must be identified in a suit. This case was relevant to the respondents' argument regarding the capacity in which they were being sued.
- Application: The court found that the claimant's failure to date the verifying affidavit was due to an oversight by the Commissioner for Oaths, not the claimant himself. The court ruled that this procedural omission should not bar the claimant from pursuing justice. Additionally, the court determined that the argument regarding the respondents not being proper parties lacked sufficient evidence and should be decided at trial.

6. Conclusion:
The court dismissed the respondents' preliminary objection, allowing the claimant to correct the procedural defect by submitting a duly dated verifying affidavit within 30 days. The ruling emphasized the court's commitment to ensuring that justice is served without undue regard to procedural technicalities.

7. Dissent:
There were no dissenting opinions noted in this case, as the ruling was unanimous.

8. Summary:
The Employment and Labour Relations Court of Kenya ruled in favor of the claimant by dismissing the preliminary objection raised by the respondents. The decision underscored the importance of procedural fairness and access to justice, allowing the claimant to amend his filings and proceed with his claims against the respondents. The case highlights the court's inclination to prioritize substantive justice over procedural technicalities.

Document Summary

Below is the summary preview of this document.

  • Emanuel-Obingo-Okumu-v-Eliezer-Kiratu-Florence-Ochieng-Manager-Kenya-Assembles-of-God-Olympic-and-Childlife-Vocational-Training-Centre-Olympic-[2020]-eKLR-Case-Summary_2077_0.jpg

This is the end of the summary preview.

Related Documents

View all summaries