Isaac Juma Kasera & 10 others v Bidco Oil Refineries Limited [2020] KEELRC 947 (KLR)
The bottom line
#The Employment Court allowed workers to strengthen their unfair dismissal case but refused to add a colleague whose claim had run out of time.
What this practically means
#Executive summary
#Key legal issues
#Whether leave should be granted to amend the memorandum of claim
Granted - the amendments particularise matters already pleaded and do not introduce a new cause of action
Applying the Court of Appeal criteria in Central Kenya Limited v Trust Bank, the Court found no material bar, no prejudice to the respondent, and no undue delay since the main suit's hearing had not commenced. The respondent would have an opportunity to file an amended response. Amendments flowing from matters already pleaded facilitate the just, proportionate, expeditious and complete determination of the real issues in dispute and are not a new cause of action.
Whether the proposed 12th claimant should be joined
Refused - the joinder would circumvent limitation and the claimants were guilty of laches
The proposed 12th claimant was allegedly terminated on 12.03.2015, so under section 90 of the Employment Act, 2007 suit had to be filed on or before 12.03.2018. Introducing him more than five years after the suit was filed would prejudice the respondent and would not facilitate the efficient, proper and complete determination of the disputes. The applicants failed to establish a sound case for the joinder.
Legal principles established
#- A party should be allowed to amend pleadings to plead the whole of his claim provided there is no undue delay, no vested interest is affected, and no uncompensatable prejudice is caused
- Joinder cannot be used to circumvent statutory limitation; enjoining a party whose claim is time-barred is improper
Court orders
#- 1.Leave granted to the claimants to file and serve an amended memorandum of claim in terms of the draft exhibited, excluding the proposed 12th claimant and pleadings about him
- 2.Amended memorandum of claim to be filed and served by 12.06.2020; amended memorandum of response by 26.06.2020
- 3.Parties to take steps for expeditious hearing and determination of the suit
- 4.Costs of the application in the cause
- Jurisdiction invoked
- Section 12 of the Employment and Labour Relations Court Act and Rule 14(6) of the Employment and Labour Relations Court (Procedure) Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Isaac Juma Kasera & 10 others v Bidco Oil Refineries Limited [2020] KEELRC 947 (KLR)", Case Analysis (2020). Cause No 2147 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/947/eng@2020-06-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.