[2025] KEELRC 1164 (KLR)
The court found that the doctrines of finality and res judicata did not apply to the application for leave to amend the Statement of Claim because there was no evidence of a prior judgment or ruling addressing the substantive prayers in the claim. The substantive dispute regarding underpayment of house allowance...
Source-derived case information.
- Citation
- [2025] KEELRC 1164 (KLR)
- Parties
- Applicant: John C Tallam; Applicant: Jane Chemeli; Applicant: Julius K Rotich; Applicant: Sophia Nyaayo; Applicant: Caroline Chepkoech; Applicant: Caroline Chemutai; Applicant: Abraham Karanja; Applicant: Richard K Langat; Applicant: Jeremiah Mwangi Maina; Applicant: Sammy M Ngugi; Applicant: Mishram K Gikonyo; Applicant: Jane Kemunto Obuya; Applicant: Judy W Mwaniki; Applicant: Regina N Mwangi; Applicant: Joseph K Kuria; Applicant: Torore J Momanyi; Applicant: Patrick W Wanjohi; Applicant: Lydia W Gichimu; Applicant: Jeniffer W Kamau; Applicant: Elizabeth Maganjo; Applicant: Ruth W Thairu; Applicant: Ruth N Thuo; Applicant: Agnes Wangari; Applicant: Anne M Kanyi; Applicant: Virginia W Kamau; Applicant: David Mutai; Applicant: Bernard Chebbe; Applicant: Mary Nyaga; Applicant: Esther Tinega; Applicant: Mirriam Wanjugu; Applicant: Peris Nyakoyia; Applicant: Everlyne Mathenge; Applicant: Herine Atieno; Applicant: Emily Waringa; Applicant: Caroline Odeyo; Applicant: Irene Dikirr; Applicant: Pauline Kibinge; Applicant: Judith Ogam; Applicant: Joseph Karanja; Applicant: Elizabeth Cherutich; Applicant: Joyce Njaaga; Applicant: Nelson Kemoni; Applicant: Hellen Oyunge; Applicant: Patricia Sagwe; Applicant: David Too; Applicant: Fridah K Memba; Applicant: Rose Muthoni Njogu; Applicant: Samuel A Kasabuli; Applicant: Ruth W Njoroge; Applicant: Joshua Njoroge Mburu; Applicant: Everlyne Nyaboke Oyioka; Applicant: Millicent Mugo; Applicant: Esther N Tinega; Applicant: Caroline Akoth Mhando; Applicant: Beatrice Wakwe; Applicant: Rachel Lewenei; Applicant: Wilkister Ombagi; Applicant: Teresia Njau; Applicant: Risper Nyamemba; Applicant: Josiah Kirubi Njoroge; Applicant: Christine W Wachania; Applicant: Nancy N Maina; Applicant: Joyce W Wachira; Applicant: Consolata N Ngigi; Applicant: Esther M Wachira; Applicant: Lucy D Lemayian; Applicant: Jane M Nyabera; Applicant: Beatrice N King’ori; Applicant: Catherine M Kimani; Applicant: Zipporah K Ntengeri; Applicant: Alice Ngige; Applicant: Muchoki M Bernard; Respondent: Teachers Service Commission
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 25 of 2022
- Procedural Posture
- Cause / Ruling on Application for Leave to Amend Statement of Claim
- Outcome
- application for leave to amend statement of claim granted
- Judges
- J Rika
- Legal Topics
- Collective Claims, Amendment of Pleadings, House Allowance Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John C Tallam
Applicant
Jane Chemeli
Applicant
Julius K Rotich
Applicant
Sophia Nyaayo
Applicant
Caroline Chepkoech
Applicant
Caroline Chemutai
Applicant
Abraham Karanja
Applicant
Richard K Langat
Applicant
Jeremiah Mwangi Maina
Applicant
Sammy M Ngugi
Applicant
Mishram K Gikonyo
Applicant
Jane Kemunto Obuya
Applicant
Judy W Mwaniki
Applicant
Regina N Mwangi
Applicant
Joseph K Kuria
Applicant
Torore J Momanyi
Applicant
Patrick W Wanjohi
Applicant
Lydia W Gichimu
Applicant
Jeniffer W Kamau
Applicant
Elizabeth Maganjo
Applicant
Ruth W Thairu
Applicant
Ruth N Thuo
Applicant
Agnes Wangari
Applicant
Anne M Kanyi
Applicant
Virginia W Kamau
Applicant
David Mutai
Applicant
Bernard Chebbe
Applicant
Mary Nyaga
Applicant
Esther Tinega
Applicant
Mirriam Wanjugu
Applicant
Peris Nyakoyia
Applicant
Everlyne Mathenge
Applicant
Herine Atieno
Applicant
Emily Waringa
Applicant
Caroline Odeyo
Applicant
Irene Dikirr
Applicant
Pauline Kibinge
Applicant
Judith Ogam
Applicant
Joseph Karanja
Applicant
Elizabeth Cherutich
Applicant
Joyce Njaaga
Applicant
Nelson Kemoni
Applicant
Hellen Oyunge
Applicant
Patricia Sagwe
Applicant
David Too
Applicant
Fridah K Memba
Applicant
Rose Muthoni Njogu
Applicant
Samuel A Kasabuli
Applicant
Ruth W Njoroge
Applicant
Joshua Njoroge Mburu
Applicant
Everlyne Nyaboke Oyioka
Applicant
Millicent Mugo
Applicant
Esther N Tinega
Applicant
Caroline Akoth Mhando
Applicant
Beatrice Wakwe
Applicant
Rachel Lewenei
Applicant
Wilkister Ombagi
Applicant
Teresia Njau
Applicant
Risper Nyamemba
Applicant
Josiah Kirubi Njoroge
Applicant
Christine W Wachania
Applicant
Nancy N Maina
Applicant
Joyce W Wachira
Applicant
Consolata N Ngigi
Applicant
Esther M Wachira
Applicant
Lucy D Lemayian
Applicant
Jane M Nyabera
Applicant
Beatrice N King’ori
Applicant
Catherine M Kimani
Applicant
Zipporah K Ntengeri
Applicant
Alice Ngige
Applicant
Muchoki M Bernard
Applicant
Teachers Service Commission
Respondent
Procedural Posture
Cause / Ruling on Application for Leave to Amend Statement of Claim
Legal Issues
- 1 Whether the application to amend the Statement of Claim to include additional claimants is barred by the doctrines of finality and res judicata.
- 2 Whether the Employment and Labour Relations Court (Procedure) Rules, 2024 permit amendment to add claimants with similar causes of action.
- 3 Whether the previous court directions or rulings preclude the present application.
Ratio Decidendi
The court found that the doctrines of finality and res judicata did not apply to the application for leave to amend the Statement of Claim because there was no evidence of a prior judgment or ruling addressing the substantive prayers in the claim. The substantive dispute regarding underpayment of house allowance remains pending and unresolved. The Employment and Labour Relations Court (Procedure) Rules, 2024 expressly permit collective claims and amendments to pleadings with leave of court. Although the claimants cited provisions of the Civil Procedure Rules, the relief sought is available under the applicable E&LRC rules. The court therefore granted leave to amend the Statement of Claim...
Court Disposition
application for leave to amend statement of claim granted
Orders
- The claimants are granted leave to amend their Statement of Claim within 14 days to include additional claimants.
- The respondent shall have 14 days from the date of service to file and serve an amended Statement of Response.
Full Case Text
Judgment text and source record
172 paragraphs
Tallam & 72 others v Teachers Service Commission (Cause 25 of 2022) [2025] KEELRC 1164 (KLR) (25 April 2025) (Ruling)
Neutral citation: [2025] KEELRC 1164 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nakuru
Cause 25 of 2022
J Rika, J
April 25, 2025
Between
John C Tallam
1st Claimant
Jane Chemeli
2nd Claimant
Julius K Rotich
3rd Claimant
Sophia Nyaayo
4th Claimant
Caroline Chepkoech
5th Claimant
Caroline Chemutai
6th Claimant
Abraham Karanja
7th Claimant
Richard K Langat
8th Claimant
Jeremiah Mwangi Maina
9th Claimant
Sammy M Ngugi
10th Claimant
Mishram K Gikonyo
11th Claimant
Jane Kemunto Obuya
12th Claimant
Judy W Mwaniki
13th Claimant
Regina N Mwangi
14th Claimant
Joseph K Kuria
15th Claimant
Torore J Momanyi
16th Claimant
Patrick W Wanjohi
17th Claimant
Lydia W Gichimu
18th Claimant
Jeniffer W Kamau
19th Claimant
Elizabeth Maganjo
20th Claimant
Ruth W Thairu
21st Claimant
Ruth N Thuo
22nd Claimant
Agnes Wangari
23rd Claimant
Anne M Kanyi
24th Claimant
Virginia W Kamau
25th Claimant
David Mutai
26th Claimant
Bernard Chebbe
27th Claimant
Mary Nyaga
28th Claimant
Esther Tinega
29th Claimant
Mirriam Wanjugu
30th Claimant
Peris Nyakoyia
31st Claimant
Everlyne Mathenge
32nd Claimant
Herine Atieno
33rd Claimant
Emily Waringa
34th Claimant
Caroline Odeyo
35th Claimant
Irene Dikirr
36th Claimant
Pauline Kibinge
37th Claimant
Judith Ogam
38th Claimant
Joseph Karanja
39th Claimant
Elizabeth Cherutich
40th Claimant
Joyce Njaaga
41st Claimant
Nelson Kemoni
42nd Claimant
Hellen Oyunge
43rd Claimant
Patricia Sagwe
44th Claimant
David Too
45th Claimant
Fridah K Memba
46th Claimant
Rose Muthoni Njogu
47th Claimant
Samuel A Kasabuli
48th Claimant
Ruth W Njoroge
49th Claimant
Joshua Njoroge Mburu
50th Claimant
Everlyne Nyaboke Oyioka
51st Claimant
Millicent Mugo
52nd Claimant
Joseph Karanja
53rd Claimant
Esther N Tinega
54th Claimant
Caroline Akoth Mhando
55th Claimant
Beatrice Wakwe
56th Claimant
Rachel Lewenei
57th Claimant
Wilkister Ombagi
58th Claimant
Teresia Njau
59th Claimant
Risper Nyamemba
60th Claimant
Josiah Kirubi Njoroge
61st Claimant
Christine W Wachania
62nd Claimant
Nancy N Maina
63rd Claimant
Joyce W Wachira
64th Claimant
Consolata N Ngigi
65th Claimant
Esther M Wachira
66th Claimant
Lucy D Lemayian
67th Claimant
Jane M Nyabera
68th Claimant
Beatrice N King’ori
69th Claimant
Catherine M Kimani
70th Claimant
Zipporah K Ntengeri
71st Claimant
Alice Ngige
72nd Claimant
Muchoki M Bernard
73rd Claimant
and
Teachers Service Commission
Respondent
Ruling
1. The Claimants are Teachers, Employees of the Respondent, working on permanent and pensionable terms, within the County of Nakuru.
2. They filed a Statement of Claim, dated 29th June 2022.
3. Their grievance is that the Respondent, underpaid their house allowance, from July 2019 to October 2019. They pray the Court for: -a.Declaration that underpayment is unlawful, null and void.b.Payment of Kshs. 20,496,000 in arrears of house allowance.c.Declaration that the outcome of this Claim, shall apply to all affected Teachers.d.Costs.e.Interestf.Any other suitable relief.
4. The Claimants subsequently filed an application dated 16th May 2024, seeking leave to amend their Statement of Claim, to include 118 other Teachers.
5. The application is founded on the affidavit of the lead Claimant, John C. Tallam, sworn on 16th May 2024. He explains that the Teachers intended to be included, have the same grievances as the current Claimants.
6. The Respondent opposes the application, relying on the affidavit of its Director, Human Resource Management, Kenneth Marangu, sworn on 11th November 2024.
7. Kenneth states that the application is res judicata. The issues were adjudicated between the Parties, in a previous application, dated 12th July 2023. The Court ruled that the issue in dispute should be resolved administratively. The Court reiterated that computation of house allowance is a continuous administrative process, which cannot be micromanaged through the Court.
8. The Claim has been mentioned before the Court severally, to confirm that the Claimants [original], have correctly been mapped into the system, and are earning their correct house allowance. The application is in abuse of the doctrine of finality, the Court having ruled on the issue. The Respondent prays the Court to dismiss the application.
The Court Finds: - 9. There is nothing on record, to suggest that the doctrines of finality and res judicata, invoked by the Respondent, are applicable to the application dated 16th May 2024.
10. The Claim has not been heard, and the substantive dispute is still pending before the Court.
11. The Respondent has not exhibited a Judgment or Ruling of the Court, which addressed the prayers in the Statement of Claim, referenced at paragraph 3 of this Ruling.
12. Rule 23 of the E&LRC [Procedure] Rules, 2024, allows Parties with a similar cause of action to institute a collective Claim. Rule 34 allows for amendment of pleadings. After the close of pleadings, a Party shall only amend its pleadings with the leave of the Court.
13. Although the Claimants have invoked Order 1 Rule 1 and 9, and Order 8 Rule 3 of the Civil Procedure Rules, which are not applicable to the E&LRC, the orders sought are permissible, under the E&LRC [Procedure] 2024, Rules 23 and 34. It is ordered: -a.The Claimants are granted leave to amend their Statement of Claim within 14 days, bringing in additional Claimants.b.The Respondent shall have 14 days from the date of service, to file and serve amended Statement of Response.c.Parties to thereafter, schedule the full Claim for hearing.d.Costs in the cause.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY AT NAKURU, THIS 25TH DAY OF APRIL 2025. James RikaJudge