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ELRCDismissedNot stated in judgment· [2017] KEELRC 1844 (KLR)

Munayi Isaac Opondo & 6 others v Kenya Railways Corporation & another [2017] KEELRC 1844 (KLR)

Employment and Labour Relations Court
27 January 2017
MNMATHEWS NDERI NDUMA
1,227 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Employment Court allowed a workers' union's amended claim against Kenya Railways to proceed, ruling that amendments made with court leave cannot be attacked as time-barred.

What this practically means

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Executive summary

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The respondent, Kenya Railways Corporation, applied by notice of motion dated 20th August 2015 for the striking out of an amended memorandum of claim filed on 15th May 2015 by the claimant union, arguing that the amendment was made in bad faith, was filed on behalf of a non-party, introduced fresh claims for unlawful termination that were time-barred under section 90 of the Employment Act, and prejudiced its defence contrary to Article 50 of the Constitution. The respondent relied on the decision in James Ochieng Oduol v Richard Kuloba and contended the plaint had already been amended four times, making the further amendment an abuse of process. The claimant opposed, stating the amendment was made with the court's leave granted on 22nd April 2015, that no new claim or party was introduced as the dispute remained the payment of terminal benefits upon the transfer of employees from Kenya Railways Corporation to Rift Valley Railways (K) Ltd, and that section 90 did not apply to a suit pending for nine years. The court dismissed the application. It held that the leave orders of 22nd April 2015 were made in the presence of counsel for all parties, were not appealed, and had become res judicata. The union had mandate to represent its members without changing the substratum of the claims, and the amendments did not amount to a new suit out of time, the transfer from the High Court having provided the opportunity to amend with leave. The respondent and interested party were granted twenty-one days to file amended responses, with costs in the cause.

Key legal issues

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01

Whether the amendment introduced new, time-barred claims

Holding

The amendments did not amount to a new suit filed out of time; the dispute remained the payment of terminal benefits upon transfer of employment, and the suit had been pending for years

Reasoning

The court held the issue in dispute remained the same as it had been since inception - terminal benefits on transfer from Kenya Railways Corporation to Rift Valley Railways (K) Ltd. The transfer of the suit from the High Court to the ELRC provided an opportunity to amend with leave, which was duly obtained. The court had already granted leave on 22nd April 2015 and that order was not appealed, so limitation could not be circumvented by an amendment properly made.

p. 3
02

Whether substitution of individual claimants with the union introduced a new party

Holding

The union had mandate to represent its members and substitution did not change the substratum of the claims

Reasoning

The court found that the union acquiring legal personality to appear on behalf of its members did not introduce a new party in substance. The underlying claims of the individual employees remained the same; only the claiming entity changed, and no prejudice was demonstrated by the respondent.

p. 3
03

Whether the leave orders of 22nd April 2015 could be reopened

Holding

They could not; the orders were interlocutory in nature, made in the presence of all counsel, and were never appealed

Reasoning

The respondent did not appeal the orders of 22nd April 2015 granting leave to amend, made in the presence of advocates for all parties. The court declined to revisit what had become res judicata before it, holding that only an appellate court could address those orders.

p. 3

Legal principles established

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  • A court cannot revisit a matter that is res judicata before it and has not been addressed by an appellate court
  • A union with mandate to represent its individual members may be substituted without changing the substratum of the individual claims

Court orders

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  1. 1.The respondent's application dated 20th August 2015 is dismissed
  2. 2.Respondent and interested party at liberty to file amended responses to the amended statement of claim within twenty one (21) days from date of ruling
  3. 3.Costs in the cause

Authorities

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Legislation

  • Employment Actsection 90
  • Constitution of KenyaArticle 50
  • Civil Procedure RulesOrder VI A Rule 5(1)

Cases cited (1)

  • James Ochieng Oduol -vs- Richard Kuloba
    Civil Appeal No. 20 of 2002 [2008] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction following transfer of the suit from the High Court

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Munayi Isaac Opondo & 6 others v Kenya Railways Corporation & another [2017] KEELRC 1844 (KLR)", Case Analysis (2017). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2017/1844/eng@2017-01-27

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