Lawrence Akolo Omungala v Nestle Kenya Limited [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Onesmus N. Makau
Judgment Date
October 22, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of Lawrence Akolo Omungala v Nestle Kenya Limited [2020] eKLR. Discover key insights and judgments that shaped this legal matter in Kenya.

Case Brief: Lawrence Akolo Omungala v Nestle Kenya Limited [2020] eKLR

1. Case Information:
- Name of the Case: Lawrence Akolo Omungala v. Nestle Kenya Limited
- Case Number: Cause No. 195 of 2019
- Court: Employment and Labour Relations Court at Nairobi
- Date Delivered: October 22, 2020
- Category of Law: Civil
- Judge(s): Onesmus N. Makau
- Country: Kenya

2. Questions Presented:
The central legal issue in this case is whether the statement of claim against Nestle Kenya Limited should be struck out for misjoinder of parties, specifically questioning the employment relationship between the claimant and the respondent.

3. Facts of the Case:
The claimant, Lawrence Akolo Omungala, filed a suit against Nestle Kenya Limited, alleging wrongful termination of employment. The respondent, represented by Anne Stella Macharia, contended that the claimant was not employed by them at the time of the alleged wrongful termination. The claimant admitted to being employed by Nestle Equatorial Africa Region Limited since August 2011 and argued that he had transferred to the respondent company in December 2015 as a Quality Assurance Manager. However, he continued to report to the Corporate QA Manager of Nestle Equatorial Africa Region Limited. The respondent claimed that there was a misjoinder of parties as the claimant was not their employee.

4. Procedural History:
The application before the court was a Notice of Motion dated July 5, 2019, seeking to strike out the claimant's statement of claim. The application was supported by an affidavit from Anne Stella Macharia, asserting that the claimant was not employed by her. The claimant opposed the application, maintaining that the misjoinder could be rectified through amendment of pleadings. The court considered the evidence presented, including the claimant's employment documentation, and noted that the claimant did not submit an affidavit to counter the respondent’s claims.

5. Analysis:
- Rules: The court examined relevant provisions under the Civil Procedure Act, specifically sections 1A, 1B, and 3A, as well as Order 2 Rule 15(1) of the Civil Procedure Rules. It also referenced Section 12(3)(viii) of the Employment and Labour Relations Court Rules regarding the misjoinder of parties.
- Case Law: The court cited the case of Agricultural Finance Corporation v. Lengata Limited [1985] eKLR, which established that only parties to a contract can be sued under that contract. This precedent supported the argument that the claimant could not pursue a claim against the respondent if there was no employment contract between them.
- Application: The court found that the claimant had not effectively contested the respondent's assertions regarding the employment relationship. The claimant's admissions and the documentation provided indicated that he was employed by Nestle Equatorial Africa Region Limited, and thus, the claim against Nestle Kenya Limited was not valid. The court concluded that the application to strike out the claim for misjoinder was meritorious.

6. Conclusion:
The court ruled in favor of the respondent, allowing the application to strike out the statement of claim against Nestle Kenya Limited for misjoinder of parties. The claimant was ordered to pay the costs of the application and the suit. This ruling emphasizes the importance of correctly identifying parties in employment-related disputes.

7. Dissent:
There were no dissenting opinions recorded in this case.

8. Summary:
The Employment and Labour Relations Court ruled in favor of Nestle Kenya Limited, striking out the claimant's suit due to misjoinder of parties, as the claimant was not an employee of the respondent at the time of the alleged wrongful termination. This case underscores the necessity of accurately identifying the correct employer in employment disputes and the legal principle that only parties to a contract can be held liable under that contract.

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