Wanjehia v Okoth & Kiplagat Advocates (Cause E857 of 2024) [2026] KEELRC 217 (KLR) (28 January 2026) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 217
- Citation
- [2026] KEELRC 217 (KLR)
- Decided
- 28 January 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication for Amendment of PleadingsPostureApplicant seeks leave to amend her plaint and join the proprietors of the Respondent business.CoramC. N. BAARI
Holding
The application is granted, and the Applicant is granted leave to amend her claim.
Facts
The Applicant initiated the suit without including the proprietors of the Respondent business, who later revealed that the Respondent intends to transform into a limited liability partnership.
Issues
- Whether the application is incompetent for being brought under the Civil Procedure Rules.
- Whether the Applicant has satisfied the threshold for amendment of pleadings and joinder/substitution of parties.
Reasoning
The Court finds that the application is not incompetent and that the Applicant has satisfied the threshold for amendment of pleadings and joinder/substitution of parties. The proprietors are necessary to ensure the enforceability of any judgment.
Outcome
The application is granted.
Orders
- Leave to amend the claim as set out in the draft amended plaint.
- The amended claim shall be deemed as duly filed and served upon payment of the requisite court fees.
- The costs of the application shall be in the cause.
Remedies
- Leave to amend the claim.
- Duly filed and served amended claim.
- Payment of court fees for the amended claim.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Employment and Labour Relations Court Rules
Cases cited (5)
- Omari v Sendwave Limited
- Nicholas Kiptoo Arap Korir Salat v IEBC & 7 Others
- Eastern Bakery v Castelino
- Central Kenya Ltd v Trust Bank Ltd
- Amon v Raphael Tuck & Sons Ltd
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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