Ombech v Public Finance Management Reform & 2 others (Cause E104 of 2021) [2024] KEELRC 2200 (KLR) (13 September 2024) (Ruling)

Summary at a glance

Facts

Hellen Achien Ombech was employed by Public Finance Management Reform as a Customer Care Assistant in May 2010. She was summarily dismissed in December 2019. She filed a Statement of Claim in February 2021, which was withdrawn on June 28, 2022. She later filed an Application for reinstatement of her Claim on February 21, 2024.

Issues

• Withdrawal of the Claim
• Reinstatement of the Claim
• Amendment of the Claim

Reasoning

The Court finds that the withdrawal of the Claim was without the Claimant's instructions and that she had a valid reason for the delay in filing the Application for reinstatement. The Court also finds that the withdrawal was not in the Claimant's best interest.

Outcome

The Claim is reinstated, and the prayer for amendment is struck out.

Orders

• The order made on 4th October 2022, withdrawing the Claim, is reviewed and set aside.
• The Claim is hereby reinstated.
• The prayer for amendment of the Claim is struck out, with leave to the Claimant to renew the Application for amendment.

Remedies

• Reinstatement of the Claim
• Striking out the prayer for amendment

Authorities cited