Nyaga & 46 others v Embu County Government & 2 others; Kenya County Government Workers Union (Interested Party) (Petition E017 of 2023) [2024] KEELRC 2197 (KLR) (12 September 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2197
- Citation
- [2024] KEELRC 2197 (KLR)
- Decided
- 12 September 2024
Summary at a glance
TypeAmendment of PetitionPosturePetitioners seek leave to amend their petition to include a prayer for reinstatement.CoramONESMUS MAKAU
The court declines to grant leave to amend the petition as the amendment introduces a new cause of action inconsistent with the petition and would prejudice the defense.
Facts
The petitioners were removed from the payroll despite court orders, and now seek reinstatement.
Issues
- Whether leave to amend the petition should be granted to include a prayer for reinstatement.
- Whether the amendment introduces a new cause of action that would prejudice the defense.
Reasoning
The court held that the amendment would bring in a new cause of action which is inconsistent with the issues in the petition and would require a new defense, thus being an abuse of the process of the court.
Outcome
The petitioners are at liberty to file a new suit to cater for the new cause of action.
Orders
- The application for leave to amend the petition is dismissed.
- The petitioners are at liberty to file a new suit to cater for the new cause of action.
Remedies
- Costs of the application shall be 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.
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