Leonard Gethoi Kamweti v National Bank of Kenya Limited & 2 others [2015] KEELRC 1603 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1603
- Citation
- [2015] KEELRC 1603 (KLR)
- Decided
- 7 May 2015
The court allows the application to amend the claim, but the introduction of certain evidence will not be introduced in the amendment.
Facts
The applicant seeks to amend his claim to remove two directors of the respondent and introduce articles on labor rights, which were excluded in the original claim. The respondents oppose the amendment, citing that the amended claim was already filed and served on them.
Issues
- Whether the applicant should be granted leave to amend his pleadings
- Whether the introduction of constitutional provisions will aid the court in analyzing the case
Reasoning
The court grants the application as it falls under the jurisdiction of the Industrial Court Act and the Industrial Court (Procedure) Rules. The court finds that the amendment will not cause injury to the opposite party and that the introduction of constitutional provisions will aid the court in analyzing the case.
Outcome
The application is allowed, and the amendment will be done within 7 days from the date of the judgment.
Orders
- The applicant is granted leave to amend his pleadings
- The introduction of certain evidence will not be introduced in the amendment
Authorities cited
Legislation (2)
- Industrial Court Act
- Industrial Court (Procedure) Rules 2010
Cases cited (1)
- Kenya Cold Storage (1964) Limited vs Overseas Food Services (Africa) Limited
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