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ELRCAllowedNot stated (application dated 4.2.2012; memo of claim dated 24.7.2013)· [2014] KEELRC 1093 (KLR)

Kenya Petroleum Oil Workers Union v Kenya Pipeline Company Limited [2014] KEELRC 1093 (KLR)

Industrial Court of Kenya

25 June 2014

HWHellen Wasilwa

403 words in judgment

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The bottom line

A Kenyan employment court confirmed you can amend your claim mid-trial, as long as the other side isn't unfairly disadvantaged and can respond.

What this practically means

Executive summary

This was a ruling on a Notice of Motion dated 4.2.2012 in which the claimant applicants sought leave to amend the prayers in their memo of claim dated 24.7.2013, brought under Section 3A of the Civil Procedure Act, Order 51 Rule 1 of the Civil Procedure Code 2010 and Order 14 Rule 6 of the Industrial Court (Procedure) Rules 2010. The applicants, supported by an affidavit of Tom Pools Okongo Onyango, contended they lacked documentary evidence for the amended prayers at filing and that the amendment was in the interest of natural justice with no prejudice to the respondents. The respondents opposed, arguing the amendment would change the entire character of the case since the claimants had begun their case and undergone cross-examination, that the amendments concerned the claimants' personal financial obligations to financial institutions which cannot be visited on an employer, and that the claimant was increasing trial costs he could not meet. Wasilwa J framed one issue: whether such an amendment could be introduced mid-trial. Relying on Rule 14(6) of the Industrial Court (Procedure) Rules 2010, the court held that amendment is available at any time with leave, the guiding test being prejudice. Finding no prejudice since respondents retained a corresponding right to amend their defence, the court allowed the application. No costs order was recorded.

Key legal issues

Whether leave to amend prayers in a memo of claim can be granted mid-trial

Holding

Yes. Rule 14(6) permits amendment at any time with leave; the test is prejudice, and since the respondents retain a corresponding right to amend their defence, no prejudice arises.

Reasoning

The court relied on Rule 14(6) of the Industrial Court (Procedure) Rules 2010, which allows a party to amend pleadings with leave, and gives the responding party a corresponding right to amend. It rejected the respondents' arguments that the amendment would change the character of the case and increase costs, holding the respondents would not be prejudiced since they could amend their defence in response.

p. 2

Legal principles established

Amendment of pleadings may be granted at any time with the leave of court, provided no party is prejudiced, and the responding party has a corresponding right to amend.

Court orders

1.Leave granted to the claimant applicants to amend the prayers in their memo of claim
2.Respondents at liberty to correspondingly amend their defence if they so wish

Authorities

Legislation

Civil Procedure ActSection 3A
Civil Procedure CodeOrder 51 Rule 1
Industrial Court (Procedure) Rules 2010Order 14 Rule 6; Rule 14(6)

Jurisdiction invoked: Section 3A of the Civil Procedure Act; Order 51 Rule 1 of the Civil Procedure Code 2010; Order 14 Rule 6 of the Industrial Court (Procedure) Rules 2010

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Kenya Petroleum Oil Workers Union v Kenya Pipeline Company Limited [2014] KEELRC 1093 (KLR)", Case Analysis (2014). Not stated (application dated 4.2.2012; memo of claim dated 24.7.2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/1093/eng@2014-06-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.