[2023] KEELRC 1599 (KLR)
The court determined that, in the interest of justice and in accordance with the Employment and Labour Relations Court (Procedure) Rules, it is appropriate to grant the claimant leave to amend the claim and file new witness statements, even after close of pleadings. The court emphasized that such amendments are...
Source-derived case information.
- Citation
- [2023] KEELRC 1599 (KLR)
- Parties
- Applicant: Kenya Shipping Clearing Freight Logistics & Warehouses Workers Union; Respondent: Wilham (K) Ltd; Respondent: East African Growers Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Cause E1074 of 2021
- Procedural Posture
- Employment and Labour Cause / Ruling on Application for Leave to Amend Claim and Substitute Witness Statements
- Outcome
- Application for leave to amend claim and substitute witness statements granted.
- Judges
- AN Mwaure
- Legal Topics
- Redundancy Procedure, Amendment of Pleadings, Witness Statements, Conciliation Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Shipping Clearing Freight Logistics & Warehouses Workers Union
Applicant
Wilham (K) Ltd
Respondent
East African Growers Ltd
Respondent
Procedural Posture
Employment and Labour Cause / Ruling on Application for Leave to Amend Claim and Substitute Witness Statements
Legal Issues
- 1 Whether the claimant should be granted leave to amend the claim regarding redundancy payments tabulation.
- 2 Whether the claimant should be allowed to substitute witness statements after close of pleadings.
- 3 Whether the respondents should be allowed to respond after the claimant files amended documents.
Ratio Decidendi
The court determined that, in the interest of justice and in accordance with the Employment and Labour Relations Court (Procedure) Rules, it is appropriate to grant the claimant leave to amend the claim and file new witness statements, even after close of pleadings. The court emphasized that such amendments are permissible to ensure all relevant facts and calculations, particularly regarding redundancy payments, are properly before the court. The respondents are given an opportunity to respond to the amended documents. The court also noted the necessity of using technology and flexible procedures in light of COVID-19 restrictions, guided by constitutional principles of access to justice...
Court Disposition
Application for leave to amend claim and substitute witness statements granted.
Orders
- The claimant is granted 14 days from the date of the ruling to amend the claim and file witness statements.
- The respondents are to provide hard copies of their response in court by July 4, 2023.
Full Case Text
Judgment text and source record
23 paragraphs
Kenya Shipping Clearing Freight Logistics & Warehouses Workers Union v Wilham (K) Ltd & another (Employment and Labour Relations Cause E1074 of 2021) [2023] KEELRC 1599 (KLR) (30 June 2023) (Ruling)
Neutral citation: [2023] KEELRC 1599 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Employment and Labour Relations Cause E1074 of 2021
AN Mwaure, J
June 30, 2023
Between
Kenya Shipping Clearing Freight Logistics & Warehouses Workers Union
Claimant
and
Wilham (K) Ltd
1st Respondent
East African Growers Ltd
2nd Respondent
Ruling
1. The claimant union is representing the employees of the company and meanwhile the respondents who are sister companies declared therein employees redundant apparently with the aim to employ new employees.
2. A joint meeting arbitrated by a conciliator took place on March 25, 2021 and the claimants were aggrieved by the said decision. They seek to have the dispute heard on its merits. The same will be heard on July 31, 2023.
3. Hence the claimant has applied for leave to amend the claim on the tabulation of the redundancy payments. They also apply to substitute the witness statements.
4. The case is fairly old having been filed in 2021 and yet the law allows parties to be given leave to amend the pleadings with the leave of the court. Section 14(10) of the Employment and Labour Relations Court (Procedure Rule) 2016 provide that after close of pleadings, the court may allow filing of a supplementary bundle of documents.
5. It is only fair to allow the necessary tabulation of the redundancy expenses be filed for justice to be sighted from all angles. The claimant is given 14 days leave from today’s date to amend the claim and to file the witness statements. The response is not in court file. The respondent to provide hard copies of their response in court by July 4, 2023. If respondent wishes to make any other response after the union files the tabulations they may do so 7 days after service. In any event hearing of the main suit will still proceed on July 31, 2023.
Orders accordingly.
DATED, SIGNED AND DELIVERED VIRTUALLY IN NAIROBI THIS 30TH DAY OF JUNE 2023. ANNA NGIBUINI MWAUREJUDGEORDERIn view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open Court. In permitting this course, this Court has been guided by Article 159(2)(d) of the Constitution which requires the Court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this Court the duty of the Court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.A signed copy will be availed to each party upon payment of Court fees.ANNA NGIBUINI MWAUREJUDGE