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ELRCDismissedNot stated in the excerpt (Cause filed 22 January 2024)· [2025] KEELRC 2523 (KLR)

Banking Insurance & Finance Union v Elimu Sacco Society Limited (Cause E054 of 2024) [2025] KEELRC 2523 (KLR)

Employment and Labour Relations Court
25 September 2025
RSRadido Stephen
879 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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The Employment Court in Meru refused a union's attempt to switch its case against Elimu Sacco mid-stream, ruling the new unfair-termination claim was a complete departure from the original dispute.

What this practically means

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Executive summary

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The Union filed a Motion dated 17 October 2024 seeking leave to amend its Memorandum of Claim in a cause commenced on 22 January 2024 against Elimu Sacco Society Ltd. The original dispute concerned the Sacco's refusal or failure to deduct and remit union dues for thirteen unionisable employees recruited between 3 November 2023 and 9 January 2024 - an organisational-rights claim under the Constitution and the Labour Relations Act. The Union sought to amend its claim to introduce a new dispute: that the Sacco had victimised employees who joined the Union, and specifically that one employee, Duncan Achola Andiego, had his contract unlawfully terminated on grounds of expiry after more than ten years of service. The draft amended claim sought declarations of unfair termination, reinstatement, and twelve months' gross salary as compensation. The Respondent filed Grounds of Opposition asserting that the proposed amendments were diametrically different from the initial cause of action and would cause misjoinder of causes of action, and relied on Order 8 Rule 7 of the Civil Procedure Rules. The court noted the proposed amendment was founded on unfair termination under the Employment Act, 2007, a contract allegedly lapsed or terminated around 30 April 2024, and would amount to a complete abandonment of the initial cause of action. Observing that the Union had already failed in three prior rulings on the organisational-rights action, the court held the amendments introduced a radical and complete departure. The Motion was found without merit and dismissed with costs.

Key legal issues

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Whether leave to amend the Memorandum of Claim should be granted

Holding

The application for amendment was refused because the proposed amendments introduced a wholly new and different cause of action (unfair termination under the Employment Act, 2007) rather than refining the pleaded organisational-rights dispute under the Labour Relations Act

Reasoning

The initial claim concerned refusal to deduct and remit union dues, an organisational-rights dispute. The proposed amendment sought reliefs for unfair termination and reinstatement of a grievant whose contract allegedly lapsed in April 2024. The court viewed this as a complete abandonment of the initial cause and a radical departure, noting the Union had also not succeeded in prior rulings on the organisational-rights action. The Motion was therefore found without merit and dismissed with costs.

p. 3

Legal principles established

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  • An amendment that abandons the initial cause of action and introduces a radically different one will not be allowed

Court orders

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  1. 1.The Motion dated 17 October 2024 is dismissed with costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act and the Constitution (not expressly quoted 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, "Banking Insurance & Finance Union v Elimu Sacco Society Limited (Cause E054 of 2024) [2025] KEELRC 2523 (KLR)", Case Analysis (2025). Not stated in the excerpt (Cause filed 22 January 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2523/eng@2025-09-25

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