Mwanahamisi Athman Ali v Muungano Social Club t/a Ali Bin Abi Talib Nursery School [2017] KEELRC 1918 (KLR)
The bottom line
#A Kenyan employment court confirmed you can add new parties to a claim after filing, and opponents must file evidence, not just objections.
What this practically means
#Executive summary
#Key legal issues
#Competence of the motion for joinder by amendment
The motion was competently brought under rule 14(b) of the court's procedure rules, and any lacuna is fillable by Order 1 rule 10 of the Civil Procedure Rules.
The claimant relied on rule 14(b) permitting amendment of filed pleadings to bring in a new defendant. The court agreed that amendment to join a new party is proper and that where the employment court rules are deficient, the Civil Procedure Rules supply the procedure. The respondent's objection that parties to employment matters must be well known to each other was dismissed.
Merits of the joinder application
Leave to amend and join the intended parties was granted because the respondent filed no affidavit to challenge the merits.
The respondent opposed only on procedural grounds via a notice of grounds of objection and did not swear any affidavit contesting the substance of the application. In the absence of any evidentiary challenge to the merits, the court granted the leave sought and extended the order to two related suits with counsel's agreement.
Legal principles established
#- A motion seeking leave to amend a memorandum of claim to join a new party is competent; new parties may be joined to a suit after it is filed, and any lacuna in the employment court rules may be filled by Order 1 rule 10 of the Civil Procedure Rules.
Court orders
#- 1.Leave granted to the claimant to amend the claim to enjoin Abbar Muhsin, Hussein B. Salim and Atmas Nasir as respondents in their capacity as chairman, secretary and treasurer of the respondent social club
- 2.The order shall apply to ELRCC 545 of 2015 and ELRCC 546 of 2015
- 3.No orders as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court procedure rules, rule 14(b), with resort to Order 1 rule 10 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwanahamisi Athman Ali v Muungano Social Club t/a Ali Bin Abi Talib Nursery School [2017] KEELRC 1918 (KLR)", Case Analysis (2017). Not stated (related suits ELRCC 545 of 2015 and 546 of 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2017/1918/eng@2017-01-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.