[2023] KEELRC 1299 (KLR)
The court held that the amendment sought by the petitioner was minor, did not change the character of the petition, and did not prejudice the respondents. The amendment merely clarified the compensation amount being claimed, which was in the interest of both parties to be known before the close of pleadings and...
Source-derived case information.
- Citation
- [2023] KEELRC 1299 (KLR)
- Parties
- Applicant: Paul Ephantus Mutegi; Respondent: Chief Executive Officer; Respondent: Kenya Leather Development Council
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Petition E125 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Amend Petition
- Outcome
- application for leave to amend petition granted
- Judges
- J Rika
- Legal Topics
- Amendment of Pleadings, Compensation Claims, Pleadings Clarity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Ephantus Mutegi
Applicant
Chief Executive Officer
Respondent
Kenya Leather Development Council
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Amend Petition
Legal Issues
- 1 Whether leave should be granted to amend the petition to specify the compensation amount based on the monthly salary of Kshs. 101,477.
- 2 Whether the proposed amendment would prejudice the respondents or alter the character of the petition.
Ratio Decidendi
The court held that the amendment sought by the petitioner was minor, did not change the character of the petition, and did not prejudice the respondents. The amendment merely clarified the compensation amount being claimed, which was in the interest of both parties to be known before the close of pleadings and scheduling of judgment. The court found that even without the amendment, the petitioner would still be required to establish the amount of compensation sought. Therefore, leave to amend was granted, and the draft amended petition was deemed duly filed and served upon payment of the requisite filing fees.
Court Disposition
application for leave to amend petition granted
Orders
- Leave to amend the petition is granted.
- The draft amended petition shall be deemed as duly filed and served upon payment of requisite filing fees.
Full Case Text
Judgment text and source record
22 paragraphs
Mutegi v Chief Executive Officer & another (Petition E125 of 2021) [2023] KEELRC 1299 (KLR) (31 May 2023) (Ruling)
Neutral citation: [2023] KEELRC 1299 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Petition E125 of 2021
J Rika, J
May 31, 2023
Between
Paul Ephantus Mutegi
Petitioner
and
Chief Executive Officer
1st Respondent
Kenya Leather Development Council
2nd Respondent
Ruling
1. The Petitioner proposes to amend prayer 4 of his Petition, to specify that compensation is based on a monthly salary of Kshs. 101,477 applicable to the position of Centre Administrator.
2. Leave to amend is sought through an Application dated September 19, 2022, which is founded on the affidavit of the petitioner of even date.
3. The application is opposed through the affidavit of the 1st respondent, sworn on October 3, 2022. The respondents state that the court had directed parties earlier, to submit on the petition itself, to allow the court determine the petition conclusively.
4. It was agreed that the application is decided on the strength of the parties’ affidavits and submissions. They confirmed filing and service of the Submissions at the last mention on April 19, 2023.
The Court finds: - 5. The amendment sought is a minor one, which does not change the character of the petition, or prejudice the respondents in any way. It merely seeks to plead the exact salary, upon which the prayer for compensation is based. It clarifies the petition. The petitioner, even without pleading the exact figure, would have an obligation to establish before the court, the amount of compensation sought. It is in the interest of both parties that the exact figure sought is known early, before the parties close their pleadings and judgment date scheduled.It is ordered: -a.Leave to amend the petition is granted.b.The draft amended petition shall be deemed as duly filed and served upon payment of requisite filing fees.c.Costs in the petition.
DATED, SIGNED AND RELEASED TO THE PARTIES VIA E-MAIL AT NAIROBI, UNDER PRACTICE DIRECTION NO. 6 [2] OF THE ELECTRONIC CASE MANAGEMENT PRACTICE DIRECTIONS 2020, THIS 31ST DAY OF MAY 2023. JAMES RIKAJUDGE