Qabale Diba Badake & 2 others v Public Service Board Marsabit Count & 3 others; National Gender and Equality Commission(Interested Party) [2019] KEELRC 937 (KLR)
The bottom line
#A Nyeri court refused to let petitioners rewrite their case too late, ruling that late amendments that introduce a new claim cause unfair prejudice.
What this practically means
#Executive summary
#Key legal issues
#Whether leave to amend should be granted where the recruitment process sought to be challenged has been concluded
Leave refused; the amendment sought to introduce a new case after the substratum of the original challenge had been overtaken by events
The original petition targeted the recruitment process at the vetting and approval stage; that process was completed before conservatory orders issued. The applicants admitted the petition as drawn was of little benefit to them. The court agreed with the Respondents that the proposed amendments would introduce a fresh cause of action and erode the Respondents' defence already on record, and that allowing the amendment at so late a stage would occasion prejudice.
Whether alleged negligence of previous counsel justifies an amendment
No; the consequences of the alleged negligence fall on the applicants rather than being cured by a late amendment
The applicants claimed their former counsel was negligent or lacked diligence in pleading the reliefs now proposed. The court held that modern courts cannot indulge negligent conduct of litigation and that justice is better served by letting the consequences of that negligence fall on their own heads than by permitting the amendment at such a late stage in the proceedings.
Legal principles established
#- Amendments should be liberally granted provided they are not made so late as to cause prejudice to the opposite party
- Courts no longer show indulgence towards negligent conduct of litigation; consequences of counsel's negligence fall on the litigant rather than being cured by late amendment
Court orders
#- 1.The 1st and 3rd Petitioners/Applicants' notice of motion dated 27th May 2019 seeking leave to amend the Petition is dismissed
- 2.No order as to costs
- Jurisdiction invoked
- Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013 (Mutunga Rules), Rules 2(3), 4, 8 and 18; Articles 50(1), 259, 10 and 159(2) of the Constitution invoked by applicants
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Qabale Diba Badake & 2 others v Public Service Board Marsabit Count & 3 others; National Gender and Equality Commission(Interested Party) [2019] KEELRC 937 (KLR)", Case Analysis (2019). Not stated in the excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/937/eng@2019-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.