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Wilson Mbithi Kitheka v Barclays Bank of Kenya [2016] KEELRC 771 (KLR)

[2016] KEELRC 771 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
771
Citation
[2016] KEELRC 771 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent's Application for Leave to Amend Statement of ClaimCoramMATHEWS N. NDUMA
Holding

Application for leave to amend the statement of claim is dismissed with costs.

Facts

The claimant was dismissed from employment on February 11, 2004, and the cause of action arose from this dismissal.

Issues

  1. Applying the repealed Constitution of Kenya 1969 and the Employment Act 2007
  2. Introducing new claims and remedies under the Constitution and Employment Act

Reasoning

The court found that the claims and remedies sought to be introduced are not available under the applicable law and would cause injustice to the respondent.

Outcome

Application dismissed

Orders

  • Application for leave to amend the statement of claim is dismissed

Authorities cited

Legislation (2)
  • Employment Act 2007
  • Constitution of Kenya 2010
Cases cited (1)
  • Kassam v Bank of Baroda (Kenya)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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