Agnes W. Kinuthia & 607 others v University of Nairobi & 2 others [2015] KEELRC 43 (KLR)
The bottom line
#Kenya's Employment and Labour Relations Court refused to let workers add severance and gratuity claims twelve years after filing their case, because the delay prejudiced the employer.
What this practically means
#Executive summary
#Key legal issues
#Whether undue delay justifies refusal of leave to amend pleadings
Yes - a 12-year delay in seeking to add new relief is undue delay
The suit was filed in 2002 at the High Court and transferred to the Industrial Court in 2013. The amendment application was filed in January 2014, twelve years after the suit was instituted. The court held that this passage of time constituted undue delay and weighed against allowing the amendment, notwithstanding that no specific statute limits the time for applying to amend.
Whether the proposed amendment changes the character of the suit and prejudices the Respondent
Yes - the new claims for severance pay and gratuity were substantial and would deprive the Respondent of a limitation defence
The Respondent argued that the amendment introduced a new cause of action distinct from the issues in the matter and would deprive it of the defence of limitation. The court agreed that the reliefs sought were substantial, changed the character of the suit, and that given the expiry of the contractual limitation period the prejudice to the Respondent could not be remedied by costs.
Legal principles established
#- Leave to amend pleadings may be declined where the application is made after undue delay and the amendment would change the character of the suit and prejudice the other party in a manner not compensable by costs
- No statute places a limitation period within which a party may apply to amend pleadings, but the court may refuse amendment where prejudice is not remediable by costs
Court orders
#- 1.The application to amend the plaint is dismissed
- 2.Costs in the cause
- Jurisdiction invoked
- Industrial Court (Procedure) Rules 2010, Rule 14; Order 8 rule 3(2) Civil Procedure Rules 2010 (following transfer of the suit from the High Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Agnes W. Kinuthia & 607 others v University of Nairobi & 2 others [2015] KEELRC 43 (KLR)", Case Analysis (2015). Notice of Motion dated 17th January 2014 (suit filed 9th April 2002). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/43/eng@2015-12-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.