Esther Mutai v David Mulwa & 3 others [2015] KEELRC 8 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 8
- Citation
- [2015] KEELRC 8 (KLR)
- Decided
- 24 November 2015
Summary at a glance
TypeIndustrial CourtPostureApplication for leave to amend pleadingsCoramM. MBARU
The application is dismissed with costs to the respondents
Facts
The claimant Esther Mutai filed a suit in 2011 seeking orders that her compulsory leave was unlawful. The court ruled on 16th December 2014 that the claimant needed to establish the foundational basis of her claim by amending the claim. The claimant filed an application on 20th May 2015 seeking leave to amend her memorandum of claim.
Issues
- Whether the claimant's retirement was unlawful
- Whether the claimant should be granted leave to amend her memorandum of claim
Reasoning
The court ruled on 16th December 2014 that the claimant needed to establish the foundational basis of her claim by amending the claim. The court dismissed the application on 24th November 2015, stating that the claimant cannot claim a right not to be retired by the respondent prior to attaining the retirement age of 70 years on the basis of the court ruling on 16th December 2014.
Outcome
Dismissed
Orders
- The application is dismissed with costs to the respondents
Authorities cited
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