Nancy W. Kamau v Nairobi City County [2022] KEELRC 749 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 749
- Citation
- [2022] KEELRC 749 (KLR)
- Decided
- 23 February 2022
Summary at a glance
TypeEmployment DisputePostureRespondent's Application for leave to amend Statement of Response and to strike out Amended Statement of Claim grantedCoramJames Rika
The Application for Amendment of the Statement of Response is allowed. The Application to strike out the Amended Statement of Claim is declined.
Facts
Claimant was employed by the Nairobi City Council and dismissed by the Nairobi City County Secretary. Nairobi City County is the successor to the Nairobi City Council.
Issues
- Whether the Respondent's Application for leave to amend Statement of Response should be granted.
- Whether the Respondent's Application to strike out the Amended Statement of Claim should be granted.
Reasoning
The Respondent was not in default in filing the Amended Statement of Response. The County Public Service Board is the proper Respondent, but the Claimant can sue the Nairobi City County as the successor employer.
Outcome
The Application for Amendment of the Statement of Response is allowed. The Application to strike out the Amended Statement of Claim is declined.
Orders
- The Application for Amendment of the Statement of Response is allowed, subject to payment of the requisite court fees.
- The Application by the Respondent to strike out the Statement of Claim is declined.
Remedies
- Costs in the cause.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…