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ELRCDismissedCause No 134 of 2015· [2020] KEELRC 1714 (KLR)

Kenya County Government Workers Union v County Government of Murang’a & Murang’a County Public Service Board [2020] KEELRC 1714 (KLR)

Employment and Labour Relations Court
10 February 2020
NMNzioki wa Makau
1,438 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan employment court refused to let county entities add documents five years late, ruling unexplained delay defeats applications to amend.

What this practically means

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Executive summary

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The Employment and Labour Relations Court at Nyeri (Nzioki wa Makau, J) delivered a ruling on 10th February 2020 on the Respondents' Notice of Motion dated 5th July 2019. The motion sought leave to introduce further documents and an application over four years after the suit - a redundancy claim relating to Maragua County Council staff declared redundant by a minute of 15th April 2000 - was instituted. The Respondents, supported by the affidavit of Kimwere Josphat, Advocate, attributed the delay to disruption of the filing system occasioned by devolution, and argued the documents would assist a full and proper determination and that they related to demonstrating the grievants had already been paid. The Claimant opposed, filing grounds of opposition and submissions, contending the motion was a ploy to delay, sought to introduce unverified evidence on computations, and in effect sought to vary or set aside the order of 31st October 2017 confirming the list of grievants filed on 28th April 2017. The Claimant cited authorities on inordinate delay, laches, and the general rule on amendments. The court applied the principles in Ann Njoki Murani v Kenya Commercial Bank Limited - that amendments should be allowed where the applicant is not mala fide, causes no compensable injury, does not abuse process, is not unduly delayed, and explains the omission. The court held the Respondents failed the test, there being no proper basis for failing to present the documents before late 2019, and dismissed the motion with no order as to costs, reserving directions on disposal of the suit.

Key legal issues

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01

Whether to permit introduction of further documents after long delay

Holding

The motion was dismissed because the application failed the amendment test, particularly on undue delay, with no proper basis laid for the late production of the documents

Reasoning

Applying the principles in Ann Njoki Murani v Kenya Commercial Bank, the court considered mala fides, prejudice, abuse of process, delay and explanation for the omission. The Respondents brought the application almost 5 years after filing suit, and no proper basis was laid for failing to present the documents prior to late 2019. The delay therefore defeated the application notwithstanding the Respondents' explanations about disrupted filing systems following devolution.

p. 2

Legal principles established

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  • Amendments should be allowed only where the applicant is not acting mala fide, will cause no compensable injury, does not abuse court process, is not unduly delayed, and where reasons for the omission are explained

Court orders

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  1. 1.The Respondents' Notice of Motion dated 5th July 2019 is dismissed
  2. 2.No order as to costs
  3. 3.Directions on the disposal of the suit to be given after the Ruling

Authorities

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Cases cited (9)

  • Benjoh Amalgamated Limited & Another v Kenya Commercial Bank Limited
    [2014] eKLR
  • Alexander Kimutai Rotich v Governor, County Government of Kericho & Another
    [2019] eKLR
  • Kibet TotT v Uasin Gishu County Government & 9 Others
    [2018] eKLR
  • Boniface Mugambi Marete (Suing as Legal Representative of S M Marete M'Amburu) v District Roads Engineer Laikipia East District & 2 Others
    [2019] eKLR
  • Mwangi Kimari v Shammi Kanjirappara,bil & 2 Others
    [2014] eKLR
  • Joseph Ouma Onditi v Jane Kisaka Mung'au
    [2019] eKLR
  • Unga Limited v Magina Limited
    [2014] eKLR
  • Ann Njoki Murani v Kenya Commercial Bank Limited & 2 Others
    [2013] eKLR
  • Isaac Kinyanjui Njoroge v National Industrial Commercial Bank Limited
    [201b] eKLR (as printed)
Jurisdiction invoked
Not expressly stated in the judgment

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, "Kenya County Government Workers Union v County Government of Murang’a & Murang’a County Public Service Board [2020] KEELRC 1714 (KLR)", Case Analysis (2020). Cause No 134 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1714/eng@2020-02-10

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