[2017] KEELRC 260 (KLR)

[2017] KEELRC 260 (KLR)

The court held that although the claimant invoked the Civil Procedure Act and Rules instead of the Employment and Labour Relations Court (Procedure) Rules, this was not fatal to the application. Article 159 of the Constitution and Section 3 of the Employment and Labour Relations Court Act require courts to...

Source-derived case information.

Citation
[2017] KEELRC 260 (KLR)
Parties
Applicant: Jared Onyango Oodindo; Respondent: Civicon Ltd
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Mombasa
Jurisdiction
Kenya
Case Number
Cause 362 of 2016
Procedural Posture
Cause / Ruling on Application for Leave to Amend Statement of Claim
Outcome
application allowed
Legal Topics
Amendment of Pleadings, Procedural Technicalities, Unfair Termination, Remedies Under Employment Act
Source Language
en
Employment and Labour Amendment of Pleadings Procedural Technicalities Unfair Termination Remedies Under Employment Act

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jared Onyango Oodindo

Applicant

Civicon Ltd

Respondent

Procedural Posture

Cause / Ruling on Application for Leave to Amend Statement of Claim

Legal Issues

  1. 1 Whether the application for leave to amend the statement of claim is incompetent for citing the wrong procedural law.
  2. 2 Whether the claimant should be granted leave to amend the statement of claim to clarify remedies sought.

Ratio Decidendi

The court held that although the claimant invoked the Civil Procedure Act and Rules instead of the Employment and Labour Relations Court (Procedure) Rules, this was not fatal to the application. Article 159 of the Constitution and Section 3 of the Employment and Labour Relations Court Act require courts to administer justice without undue regard to procedural technicalities. The court found the amendment necessary to clarify the remedies sought and align them with Section 49 of the Employment Act. The application was made before the close of the claimant's case, and the respondent would have an opportunity to amend her defence. No prejudice or injustice to the respondent was demonstrated....

Court Disposition

application allowed

Orders

  • The claimant is granted 14 days leave to file and serve an amended statement of claim.
  • The respondent is granted corresponding leave to file and serve an amended defence within 14 days of service of the amended claim.