Biiy v Panyako & 2 others; Laptrust & another (Interested Parties) (Employment and Labour Relations Cause 12 of 2017) [2023] KEELRC 2494 (KLR) (13 October 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2494
- Citation
- [2023] KEELRC 2494 (KLR)
- Decided
- 13 October 2023
Summary at a glance
TypeEmployment and Labour RelationsPostureClaimant's Motion for Leave to Amend and for Other OrdersCoramAN MWAURE
The court holds that the claimant's proposed amendments cannot be made as the issue was fully litigated in Kericho ELRC Cause No 13 of 2020 and the claimant was awarded arrears of his allowance at Kshs 2,040,000/-.
Facts
The claimant filed a claim for responsibility and airtime allowances from January 2017, which were stopped by the respondents in June 2017. The claimant alleged that he was unlawfully terminated on April 14, 2021.
Issues
- Whether the claimant's proposed amendments in the amended memorandum of claim are res judicata
Reasoning
The court ruled that the claimant's proposed amendments are res judicata as the issue was already addressed in Kericho ELRC Cause No 13 of 2020, where the court awarded the claimant arrears of his allowance up to July 3, 2019.
Outcome
The court denied the claimant's motion for leave to amend and for other orders.
Orders
- The claimant's proposed amendments to the memorandum of claim were denied.
Authorities cited
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