Diana Irungu & 2 others v Nestle Kenya Limited [2017] KEELRC 1229 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1229
- Citation
- [2017] KEELRC 1229 (KLR)
- Decided
- 5 May 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCoramMATHEWS NDERI NDUMA
Holding
The applications are misconceived and dismissed with costs.
Facts
The claimants (Diana Irungu and 2 others) filed a lawsuit against the respondent (Nestle Kenya Limited) in the Employment and Labour Relations Court. The respondent/applicant (Nestle Kenya Limited) sought leave to amend the memorandum of defence.
Issues
- Whether the respondent's application for leave to amend the memorandum of defence should be granted
- Whether the claimants' right of access to justice under Article 48 of the constitution should be punished
Reasoning
The court dismissed the applications as the intended amendment would cause injustice to the claimants that cannot be compensated by costs. The respondent had a right of appeal against the decision but did not exercise it.
Outcome
Dismissed with costs
Authorities cited
Cases cited (2)
- HCC at Mombasa Civil Case No. 161 of 2012
- East Bakery –vs– Castelino (1958) E. A 461
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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