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ELRCAllowedCause No 790 of 2013· [2013] KEELRC 12 (KLR)
Charles Bob Odhiambo Owuonda v Kenindia Assurance Company Limited [2013] KEELRC 12 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Industrial Court allowed an employer to add a time-limit defence late in the case, showing courts freely permit pleading amendments.
What this practically means
#Executive summary
#This is an interlocutory ruling of the Industrial Court at Nairobi on an application by the Respondent dated 7th November 2013, supported by the affidavit of Regina Kitheka, Chief Manager, Legal Department, seeking leave to amend its Statement of Response. The proposed amendment sought to introduce a defence of limitation of action under section 90 of the Employment Act 2007. When the application was heard on 11th December 2013, the parties' advocates focused on the merits of limitation, which the Court observed was not the question before it; the sole issue was whether the amendment should be allowed. Applying its discretion under the Industrial Court Act 2011 and the Industrial Court (Procedure) Rules 2010, the Court found no reason to decline the amendment for three reasons: the statute and rules confer discretion to allow amendments; the limitation issue is one the Court could raise on its own motion as it goes to the heart of the validity of the Claim; and the Claimant would have the opportunity to file his own amendments in answer. The Court allowed the application, deemed the Draft Amended Statement of Response properly filed and served upon payment of filing fees, gave the Claimant 14 days to file and serve an Amended Statement of Claim, and directed that the parties may schedule the dispute for hearing once pleadings close. The ruling delivered by James Rika, Judge, on 17th December 2013 makes no order as to costs and determines no limitation defence on its merits.
Key legal issues
#01
Whether leave to amend the Statement of Response should be granted
Holding
Leave was granted; the Court saw no reason to decline the amendment.
Reasoning
The Court exercised its discretion under the Industrial Court Act 2011 and the Industrial Court (Procedure) Rules 2010. It noted the limitation issue went to the heart of the validity of the Claim and could be raised by the Court on its own motion, and that the Claimant would have an opportunity to respond by amending his own pleadings.
p. 2
Legal principles established
#- The Industrial Court has discretion to allow amendment of pleadings under the Industrial Court Act 2011 and the Industrial Court (Procedure) Rules 2010.
- A court may permit a party to raise a defence which the court could have raised on its own motion.
Court orders
#- 1.The application dated 7th November 2013 is allowed.
- 2.The Draft Amended Statement of Response attached to the Application shall be deemed as properly filed and served upon the Respondent's payment of the requisite Court filing fees.
- 3.The Claimant shall have leave of 14 days to file and serve an Amended Statement of Claim upon notice from the Respondent of its compliance to order (b).
- 4.Parties may schedule the dispute for hearing at the Registry on closure of the pleadings.
- Jurisdiction invoked
- Industrial Court Act 2011 and the Industrial Court (Procedure) Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Charles Bob Odhiambo Owuonda v Kenindia Assurance Company Limited [2013] KEELRC 12 (KLR)", Case Analysis (2013). Cause No 790 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/12/eng@2013-12-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.