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ELRCDismissedNot stated in judgment

Amalgamated Union of Kenya Metal Workers v Shankar Electronics Limited (Cause 663 of 2020) [2023] KEELRC 821 (KLR)

Employment and Labour Relations Court
28 March 2023
1,864 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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The Employment Court in Mombasa ruled that you cannot use amendments to sneak entirely new claims into an old case.

What this practically means

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Executive summary

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The claimant union, through its General Secretary Rose Omamo, filed a notice of application dated August 17, 2022 seeking leave to file a Further Amended Statement of Claim. The claim was originally filed on December 18, 2020 over a threatened redundancy; after leave granted on June 2, 2022, the claimant filed an Amended Statement of Claim on the unlawful redundancy and unfair termination. The claimant now sought to introduce claims for salary deductions/pay cuts from 2020 to 2022 totalling over Kshs 3.7 million plus interest at 14% per month, alleging the respondent failed to implement the CBA of September 30, 2019 which provided for wage increases of 6% in each of 2020 and 2021. The respondent opposed through grounds of opposition and submissions, arguing piecemeal litigation, absence of a draft amendment initially attached, abuse of court process, and prejudice. The court framed the issue under Rule 14 of the ELRC (Procedure) Rules, 2016, holding that amendment serves better particulars and clarification, not the introduction of fresh claims or revival of matters settled or overtaken by events. Since the claimant admitted the redundancy issue was resolved and the new CBA claims would change the entire character of the claim, the application was dismissed with costs to the respondent.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the claimant should be granted leave to file a Further Amended Statement of Claim to introduce new claims for salary deductions and CBA non-implementation
  2. 2.Whether the proposed amendments would introduce a new and different claim rather than clarify existing pleadings

Key legal issues

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01

Whether leave should be granted to file a Further Amended Statement of Claim

Holding

The application was dismissed; the proposed amendments sought to introduce fresh claims (CBA salary arrears and pay cuts) that would change the entire character of the claim, which had already been amended once and whose original subject (intended redundancy) had been overtaken by events.

Reasoning

Rule 14 of the ELRC (Procedure) Rules, 2016 confers discretion to allow amendment, but only for adequate particulars or clarification. Amendment is not a route to bring new and fresh claims or to revive matters settled or overtaken by events, as that would prejudice respondents by returning them to court every time a new matter arises under the same employment relationship. Allowing such mutation of claims each year would result in great injustice. The general principle favouring free amendment is subject to the rider that the discretion must be exercised judicially and in line with the rules.

p. 3

Legal principles established

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  • Amendment of pleadings is not meant to introduce new and fresh claims but to allow better particulars, clarification and good cause; a settled or overtaken claim cannot be revived by amendment
  • The right to amend pleadings at any stage is not absolute and depends on judicial discretion and the criteria in the court rules

Court orders

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  1. 1.Application dated August 17, 2022 dismissed with costs to the respondent

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court (Procedure) Rules, 2016, Rule 14(6) and (7)

Relief refused

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Leave to file Further Amended Statement of Claim to incorporate claims for salary deductions, pay cuts and interest at 14% arising from the CBA of September 30, 2019

The proposed amendments would change the entire character of the claim and amount to introducing fresh claims, prejudicing the respondent

p. 4

Costs

Application dismissed with costs to the respondent

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Amendment of pleadings as allowed under Rule 14 of the Court Rules is not meant to give an applicant a chance to address new and fresh claims but to allow for better particulars, clarifications and for good cause.
p. 3Purpose of amendment of pleadings
Where a claim is settled, overtaken by events or abated, it cannot be revised or revived through an amendment of pleadings.
p. 4Revival of settled claims
Accordingly, application dated August 17, 2022 is found without merits and is hereby dismissed with costs to the respondent.
p. 4Final orders / disposition

Issues in the judgment

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minor

The judgment contains garbled text citing the rules: 'Rule 14(6) and (7) of the %2020%20of%202011 Employment and Labour Relations Court (Procedure) Rules, 2016' - a URL-encoding artefact within the judgment text

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, "Amalgamated Union of Kenya Metal Workers v Shankar Electronics Limited (Cause 663 of 2020) [2023] KEELRC 821 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/821/eng@2023-03-28

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