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ELRCOtherApplication dated 31st March 2015

Ngaya v Judicial Service Commission & 3 others (Cause 398 of 2014) [2015] KEELRC 218 (KLR)

Employment and Labour Relations Court
6 November 2015
1,315 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court ruled a magistrate cannot be personally sued for workplace disciplinary decisions made in his official capacity.

What this practically means

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Executive summary

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This ruling by the Employment and Labour Relations Court at Nairobi (Mathews N. Nduma, Principal Judge) determined an application dated 31st March 2015 by the 3rd Respondent, a Chief Magistrate at Kakamega, seeking orders that the Claimant be non-suited against him, that he be declared an agent of the Judicial Service Commission who cannot be isolated for suit, that his name be struck out, and that costs be paid by the Claimant. The Claimant, a former clerical officer of the Judiciary dismissed on 27th October 2006 following a disciplinary process originating in a complaint by the 3rd Respondent as his immediate supervisor, alleged the dismissal was malicious, unilateral and unlawful, and sought reinstatement and lost earnings against the Judicial Service Commission, the Chief Registrar of the Judiciary and the Attorney General. The 3rd Respondent relied on judicial immunity under Article 160(5) of the Constitution and section 6 of the Judicature Act, citing Moses Wamalwa Mukambi v John O. Makali. The Claimant countered that immunity is not absolute, requiring judicial function and good faith. The court held that the 3rd Respondent acted in a judicial capacity in both his judicial and administrative roles, attracting statutory immunity, and that whether he acted in good faith and with jurisdiction was a matter for the employer to answer at the full hearing. Balancing private and public interest, the court found the 3rd Respondent was not a necessary party: his interests are protected by the employer answering the claim, and he may be called as a witness. The court struck out the 3rd Respondent from the case, and made no costs order.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Did the 3rd Respondent act in his judicial capacity in the disciplinary proceedings of the Claimant?
  2. 2.Is the 3rd Respondent a necessary party to these proceedings?

Key legal issues

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01

Whether the 3rd Respondent acted in a judicial capacity in the disciplinary proceedings against the Claimant

Holding

The court found that the 3rd Respondent, as a Chief Magistrate, acted in a judicial capacity in both his judicial and administrative roles, attracting statutory immunity under section 6 of the Judicature Act

Reasoning

The court held that the 3rd Respondent wore both a judicial and administrative hat as Chief Magistrate at Kakamega, exercising judicial and administrative authority as a judicial officer. Both roles attracted immunity under section 6 of the Judicature Act. Whether he acted in good faith and with jurisdiction is a matter for the employer (1st Respondent) to answer after a full hearing on the merits.

p. 3
02

Whether the 3rd Respondent is a necessary party to the proceedings

Holding

The court held that the 3rd Respondent is not a necessary party and struck his name out from the claim

Reasoning

The court balanced private and public interest: the Claimant's interest in justice is satisfied by holding his employer answerable for the lawfulness of the dismissal, while the public interest in judicial independence requires that judicial officers not be dragged to court over adverse decisions. The Claimant could call the 3rd Respondent as a witness instead.

p. 4

Legal principles established

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  • Judicial officers enjoy immunity from suit for acts done in discharge of judicial and administrative functions, with liability falling on the State

Court orders

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  1. 1.Declared that the 3rd Respondent is not suited in this matter
  2. 2.Struck out the 3rd Respondent's name from the case

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Article 160(5) of the Constitution of Kenya 2010; section 6 of the Judicature Act (Cap 8)

Relief refused

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Costs of the application and the entire suit payable by the Claimant

No costs order was made in the final disposition; the court only struck out the 3rd Respondent and did not award costs against the Claimant

Costs

No costs order recorded in the judgment

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

It is the Court's finding that the 3rd Respondent acted as a Magistrate in both roles and the immunity accorded to judicial oficers under section 6 of the Judicature Act Cap 8 of Laws of Kenya is applicable to him in the conduct of his judicial and administrative functions.
p. 3judicial immunity - administrative and judicial functions
in my considered view, for a court to be satisfied as to the existence of good faith, it must act on evidence and that evidence must be tested by cross examination before being acted upon
p. 3good faith must be established on evidence tested by cross-examination (Odunga J, cited)
The independence of the Judicial oficer is protected by the partial immunity granted to them so as to discharge their duties without fear or favour.
p. 3public interest in judicial independence
For these reasons, the 3rd Respondent is not suited in this matter and is struck ofi from the case.
p. 4final orders - striking out of 3rd Respondent

Issues in the judgment

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minor

The 3rd Respondent is referred to only by office (Chief Magistrate at Kakamega); his name does not appear in the judgment

minor

The cost order sought by the 3rd Respondent is not addressed in the final disposition

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Ngaya v Judicial Service Commission & 3 others (Cause 398 of 2014) [2015] KEELRC 218 (KLR)", Case Analysis (2015). Application dated 31st March 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/218/eng@2015-11-06

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.