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ELRCDismissedNot stated in the judgment

Odhiambo v Kisang & 3 others (Cause E089 of 2023) [2024] KEELRC 1031 (KLR)

Employment and Labour Relations Court
8 May 2024
772 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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The Employment Court kept three World Vision managers in an employee's defamation suit, ruling that anyone a claim is pleaded against stays in the case.

What this practically means

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Executive summary

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The Claimant, Dr Charles Okech Odhiambo, sued four Respondents, including World Vision Kenya, on 2 December 2023 alleging wrongful termination of employment and breach of contract, and sought declarations that he remained an employee up to 30 November 2023, payment of dues with interest, general and aggravated damages for defamation arising from a notice-to-show-cause letter dated 29 August 2023, interest and costs. On 13 February 2024 the Respondents filed three similar applications seeking the striking out of the 1st to 3rd Respondents on the ground that they acted as agents of World Vision Kenya and that no relief was sought against them personally. The Claimant opposed, asserting the applications were designed to delay the suit and that the 1st to 3rd Respondents had defamed him in the 29 August 2023 letter. After oral highlights on 8 April 2024, Radido J held that the Statement of Claim plainly pleaded defamation against the Respondents, that the Respondents' own Proposed Issues included whether they had defamed the Claimant, and that whether the pleading met the substantive standard for defamation was a matter for trial. The 1st to 3rd Respondents were therefore necessary and proper parties whether or not relief was sought against them. The three Summons were dismissed with costs in the cause on 8 May 2024.

Questions the Court framed

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

  1. 1.Whether the 1st to 3rd Respondents should be struck out from the Cause on the ground that they acted as agents of the 4th Respondent and no relief was sought against them
  2. 2.Whether the Claimant pleaded a cause of action against the 1st to 3rd Respondents, including defamation

Key legal issues

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01

Whether a cause of action was pleaded against the 1st to 3rd Respondents

Holding

The Court held that the Claimant pleaded defamation against the Respondents, and the Respondents themselves acknowledged the defamation issue in their Proposed Issues, so the application to strike out failed

Reasoning

The Court examined the Statement of Claim and found causes of action, including defamation, expressly pleaded against the 1st to 3rd Respondents based on a letter dated 29 August 2023. The Respondents' own Proposed Issues included the question of defamation, confirming the issue was live. Whether the pleading met the substantive standard for defamation was a matter for trial, not a striking-out application.

p. 2
02

Whether the agency argument justified striking out the 1st to 3rd Respondents

Holding

The agency argument did not avail the applicants because, on the pleaded defamation cause, the 1st to 3rd Respondents were necessary and proper parties regardless of whether relief was sought against them

Reasoning

Although the applications were grounded on the assertion that the 1st to 3rd Respondents were mere agents of World Vision Kenya against whom no relief was sought, the existence of a pleaded defamation claim against them personally meant they were necessary and proper parties whose presence was required for the just determination of the Cause.

p. 3

Legal principles established

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  • A party against whom a cause of action is pleaded is a necessary and proper party whether or not relief is specifically sought against them; whether the pleading has substance is not determined at the striking-out stage

Court orders

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  1. 1.The 3 Summons seeking the striking out of the names of the 1st to 3rd Respondents are dismissed with costs in the cause

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over wrongful termination of employment, breach of contract and defamation pleaded in the Statement of Claim (statutory basis not expressly cited in the judgment)

Relief refused

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Striking out of the 1st to 3rd Respondents from the Cause

The Claimant pleaded a cause of action for defamation against the Respondents, making the 1st to 3rd Respondents necessary and proper parties

p. 3

Costs

Costs in the cause

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 incontestable that the Claimant has pleaded a cause of action for defamation against the Respondents.
p. 2Pleading of defamation cause of action
Whether the pleading has substance or meets the standard for pleading defamation is not for the Court to address at this early stage of the proceedings.
p. 2Scope of striking-out jurisdiction
the 1st to 3rd Respondents are consequently necessary and proper parties to the Cause on defamation whether or not relief is sought against any of them.
p. 3Necessary and proper parties
In light of the above, the 3 Summons seeking the striking out of the names of the 1st to 3rd Respondents are dismissed with costs in the cause.
p. 3Final order

Issues in the judgment

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minor

Case number not stated in the judgment

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, "Odhiambo v Kisang & 3 others (Cause E089 of 2023) [2024] KEELRC 1031 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1031/eng@2024-05-08

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