[2016] KEELRC 1678 (KLR)
The court found that the applicant's original claim was erroneously framed as a pension claim, whereas the deceased was non-pensionable and the actual claim relates to gratuity, housing, and transport allowance. The court held that it has jurisdiction to hear such claims and that granting leave to amend the...
Source-derived case information.
- Citation
- [2016] KEELRC 1678 (KLR)
- Parties
- Applicant: Damaris Auko Ogada (suing on behalf of the estate of Gordon Ogada Ochieng (Deceased)); Respondent: Kenya Railways Staff Retirement Benefits Scheme
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 97 of 2013
- Procedural Posture
- Review Application / Ruling on Application for Review and Leave to Amend Claim
- Outcome
- application allowed
- Legal Topics
- Jurisdiction of Employment Court, Retirement Benefits, Gratuity Claims, Amendment of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Damaris Auko Ogada (suing on behalf of the estate of Gordon Ogada Ochieng (Deceased))
Applicant
Kenya Railways Staff Retirement Benefits Scheme
Respondent
Procedural Posture
Review Application / Ruling on Application for Review and Leave to Amend Claim
Legal Issues
- 1 Whether the court has jurisdiction to hear a claim for gratuity, housing, and transport allowance as opposed to pension dues.
- 2 Whether the applicant should be granted leave to amend the claim to reflect the correct reliefs sought.
Ratio Decidendi
The court found that the applicant's original claim was erroneously framed as a pension claim, whereas the deceased was non-pensionable and the actual claim relates to gratuity, housing, and transport allowance. The court held that it has jurisdiction to hear such claims and that granting leave to amend the pleadings would allow the real issues in controversy to be determined without prejudicing the respondent. Accordingly, the court granted the application for review and leave to amend the claim.
Court Disposition
application allowed
Orders
- Leave is granted to the applicant to amend the claim as prayed in the chamber summons dated 5th June, 2015.
- The amended claim shall reflect the correct reliefs sought regarding gratuity, housing, and transport allowance.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NUMBER 97 OF 2013
DAMARIS AUKO OGADA (suing on behalf of theestate of Gordon Ogada Ochieng (Deceased)…………………..........................………………..........CLAIMANT/APPLICANT
VERSUS
KENYA RAILWAYS STAFF RETIREMENT
BENEFITS SCHEME…………………………..........................………………..RESPONDENT
RULING
1. By an application dated 5th June, 2015 the applicant/claimant seeks review of the orders made by Justice Maureen Onyango herein when she declined jurisdiction on the basis that the Court lacked jurisdiction on the basis that non-payment of retirement benefits is matter for the Retirement Benefits Authority.
2. In support of this application the applicant states as follows:-
It has now come to the Applicant’s attention that the claim before this Honourable Court was not properly drafted and that the Applicant did not intend to claim for pension dues of her deceased husband but intended to claim payment of gratuity, housing and transport allowance payable upon retirement.
The Applicant’s deceased husband who was an employee of Kenya Railways Corporation under group RC was non-pensionable and was entitled to gratuity payment, housing factor and transport allowance upon his retirement on 31/12/2003 which was never finalized until his demise on 24/6/2008.
The orders made on 2/9/2014 regarding jurisdiction of this Honourable Court were made without knowledge that the deceased employee was not pensionable and thus the claim before this Honourable court was erroneous.
The Applicant herein aggrieved by this Honourable Court’s orders issued on 2nd September, 2013.
This Honourable Court has jurisdiction to hear the claim before the Court.
As such it is necessary that the leave of this Court be sought in order to amend the claim.
3. I have considered the application and the orders sought in the main of which is to amend the claim herein to fully reflect the issue in dispute and I am of the view that the orders sought if granted would enable the applicant to place before the court the real issue in controversy between the parties and would not occasion the respondent any prejudice if granted.
4. The Court therefore grants the prayers sought in the chamber. Summons dated 5th June, 2015.
5. It is ordered.
Dated at Nairobi this 5th day of February 2016
Abuodha J. N.
Judge
Delivered this 5th day of February 2016
In the presence of:-
……………………………………………………………for the Claimant and
………………………………………………………………for the Respondent.
Abuodha J. N.
Judge