[2017] KEELRC 457 (KLR)
The court held that it is a settled principle of pleadings that a party does not need to specifically plead a legal provision in order to rely on it. Therefore, the petitioner's application to amend the petition to include provisions of the former constitution was allowed. The court further noted that the...
Source-derived case information.
- Citation
- [2017] KEELRC 457 (KLR)
- Parties
- Applicant: Zachary Onyambu Manani; Respondent: The Teachers Service Commission
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Petition 16 of 2014
- Procedural Posture
- Petition / Ruling on Application to Amend Petition
- Outcome
- Application to amend petition allowed.
- Judges
- DI Wasike
- Legal Topics
- Amendment of Pleadings, Employment Contract Disputes, Constitutional Issues in Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zachary Onyambu Manani
Applicant
The Teachers Service Commission
Respondent
Procedural Posture
Petition / Ruling on Application to Amend Petition
Legal Issues
- 1 Whether the petitioner should be allowed to amend the petition to include provisions of the former constitution.
- 2 Whether the dispute is an ordinary employment contract dispute or raises constitutional questions.
Ratio Decidendi
The court held that it is a settled principle of pleadings that a party does not need to specifically plead a legal provision in order to rely on it. Therefore, the petitioner's application to amend the petition to include provisions of the former constitution was allowed. The court further noted that the respondent's contention that the dispute is an ordinary employment contract dispute, and not a constitutional question, is an issue to be determined at the substantive hearing of the petition on its merits.
Court Disposition
Application to amend petition allowed.
Orders
- The amendments to the petition are allowed as prayed.
- The issue of whether the dispute raises constitutional questions will be determined at trial.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF
KENYA AT NAIROBI
PETITION NO 16 OF 2014
ZACHARY ONYAMBU MANANI..……………..…..............CLAIMANT
VERSUS
THE TEACHERS SERVICE COMMISSION....................RESPONDENT
RULING
1. The petitioner herein sought to amend the petition to include provisions of the immediate former constitution.
2. The respondent opposed the amendments contending that the dispute herein is an ordinary employment contract dispute. It is a settled principle of pleadings that a party need not plead a legal provision in order to rely on the same. The amendments will therefore be allowed as prayed.
3. The contention by the respondent that the issues raised are ordinary employment disputes hence not constitutional questions are issues which will be determined once the petition comes to trial on merit.
4. It is so ordered.
Dated at Nairobi this 29th day of September, 2017
Abuodha J. N.
Judge
Delivered this 29th day of September, 2017
Abuodha J. N.
Judge