Jared Onduso v Pradeek K. Sood & Nicholas Obiria [2017] KEELRC 763 (KLR)

REPUBLIC OF KENYA

EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI

AT NAIROBI

CAUSE NO. 1235 OF 2016

JARED ONDUSO…………………………………….…………..CLAIMANT

VERSUS

PRADEEK K. SOOD……….....………..…………….…..1ST RESPONDENT

NICHOLAS OBIRIA……………………………………..2ND RESPONDENT

RULING

1. The 1st Respondent has moved the court by a Notice of Motion dated 26th July, 2016 seeking to be struck out of these proceedings on the ground that the claimant has never been his employee but that of the 2nd respondent.

2. In support of the application the 1st respondent attached a copy of gardening and cleaning services agreement signed between himself and the 2nd respondent.  Where the claimant avers that he was employed as a driver by the respondents, he did not attach any letter of appointment to that effect.  Further in the demand letter addressed to the 1st respondent, the claimant’s counsel alleges that the 1st respondent coerced the claimant to work as a driver without the claimant’s consent.  The court fails to fathom save for slavery how someone can be coerced to perform such sensitive duties as a driver without his or her consent.

3. The foregoing renders plausible the 1st respondent’s contention that the claimant was not his employee but that of the 2nd respondent.  In the circumstances the court allows the application and hereby strikes out the 1st respondent from this suit.

4. It is ordered.

Dated at Nairobi this 17th day of March, 2017

Abuodha J. N.

Judge

Delivered this 17th of  March, 2017

Abuodha J. N.

Judge

In the presence of:-

………………………………… for the Claimant and

…………………………….. for the Respondent.

Abuodha J. N.

Judge