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ELRCDismissedNot stated in the extract (Cause instituted 12 August 2013)· [2018] KEELRC 2493 (KLR)

Fred Obare v Deputy Vice-Chancellor (Administration), Kenyatta University & another [2018] KEELRC 2493 (KLR)

Employment and Labour Relations Court
9 February 2018
RSRadido Stephen
565 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 refused Fred Obare's attempt to claim money deposited in an earlier, set-aside case within his separate constructive dismissal suit against Kenyatta University.

What this practically means

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Executive summary

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Fred Obare, acting in person, sued the Deputy Vice-Chancellor (Administration) and Kenyatta University on a claim of constructive dismissal, seeking his entitlements, severance and retirement benefits. The Respondents filed a response and later an amended response and counterclaim. While the cause was pending, the applicant sought leave by a motion to amend his memorandum of claim so as to add a claim to money that had been deposited into the joint accounts of the parties' advocates pursuant to a stay of execution granted in his earlier suit, Nairobi Cause No. 240 of 2009 (Fred Obare v Kenyatta University & Ar), in which he had successfully challenged his suspension. The Court of Appeal had since set aside the judgment in that earlier suit. The Respondents opposed by grounds of objection. The Court held that the instant cause, founded on constructive dismissal, was distinct from the earlier suit on unlawful suspension, and that the deposited money, which secured satisfaction of the set-aside decree, had no legal place in these proceedings. The Court further held that although amendments are generally permitted at early stages, the intended amendments would only obfuscate the issues and prolong the hearing. Accordingly, the Court dismissed the application dated 8 January 2018 with no order as to costs. The substantive constructive dismissal claim remained for trial.

Key legal issues

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01

Whether the applicant could amend his memorandum of claim to add a claim to the deposited decretal sum

Holding

The application was dismissed; the deposited amount relates to the earlier suspension suit, not the constructive dismissal claim

Reasoning

The Cause is anchored on constructive dismissal, whereas the deposited money secured a decree in Nairobi Cause No. 240 of 2009 for unlawful suspension. That decree was set aside by the Court of Appeal, so the deposit cannot be claimed in these proceedings. Allowing the amendment would merely obfuscate the issues and prolong the hearing.

p. 2

Legal principles established

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  • A claim to money deposited as a condition of stay of execution in a decree that has been set aside on appeal has no legal place in separate constructive dismissal proceedings
  • Amendments, though generally allowed at early stages, may be refused where they obfuscate the issues and prolong hearing

Court orders

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  1. 1.The application dated 8 January 2018 dismissed with no order as to costs

Authorities

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Cases cited (1)

  • Kenyatta University & Ar v Fred Obare
    (2017) eKLR
Jurisdiction invoked
Not stated in the extract

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, "Fred Obare v Deputy Vice-Chancellor (Administration), Kenyatta University & another [2018] KEELRC 2493 (KLR)", Case Analysis (2018). Not stated in the extract (Cause instituted 12 August 2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2493/eng@2018-02-09

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