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ELRCDismissedCause No E477 of 2024· [2025] KEELRC 2840 (KLR)

Allaka v Safaricom Plc (Cause E477 of 2024) [2025] KEELRC 2840 (KLR)

Employment and Labour Relations Court of Kenya
23 October 2025
2,179 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court refused to strike out a lengthy employment claim, confirming that verbosity alone won't kill a pleading unless it truly prejudices the other side.

What this practically means

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Executive summary

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The Respondent/Applicant filed a Notice of Motion dated 25th November 2024 under Sections 3(1) and 12(3)(viii) of the Employment & Labour Relations Court Act, Rules 33 and 45 of the ELRC (Procedure) Rules 2024, Section 4(2) of the Limitation of Actions Act and Order 2 Rule 15 of the Civil Procedure Rules, seeking to strike out the Claimant's 90-page Statement of Claim dated 24th June 2024, or in the alternative, specified paragraphs. The Applicant contended the pleading was verbose, ambiguous and unintelligible, that defamation allegations arising from a 16th November 2021 publication were time-barred, and that paragraphs pleaded on behalf of the Claimant's spouse fell outside the court's jurisdiction. The Claimant opposed, arguing the length reflected the complexity of a wrongful dismissal claim, that the Respondent had filed a robust 19-page response and could not approbate and reprobate, and that striking out should be exercised sparingly per D.T. Dobie v Muchina. Considering Order 2 Rules 3 and 15, and the principle that striking out is a draconian remedy of last resort, the court held that although the claim was lengthy, it was not lacking in concision, frivolous, embarrassing or prejudicial; the impugned paragraphs were relevant to proving exemplary damages flowing from alleged malicious and oppressive conduct. The application was dismissed with costs to abide the cause. Judgment was delivered at Nairobi on 23rd October 2025 by C. N. Baari J.

Key legal issues

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01

Whether the Statement of Claim should be struck out for verbosity, ambiguity and unintelligibility under Order 2 Rule 15 of the Civil Procedure Rules

Holding

The application was dismissed; length alone does not render a pleading obnoxious where the material facts are discernible and the Respondent was able to respond to every issue

Reasoning

The court reiterated the framework under Order 2 Rules 3 and 15 requiring conciseness and permitting striking out of pleadings that prejudice fair trial, but applied the cautionary principle in D.T. Dobie and Salat that striking out is a last resort. It found the impugned paragraphs relevant to exemplary damages and noted the Applicant's own 19-page response showed it was not taken by surprise.

p. 5
02

Whether the paragraphs alleging reputational damage from a publication and claims pleaded on behalf of the Claimant's spouse fall outside the court's jurisdiction

Holding

Not determined; the court found the impugned paragraphs form part of the broader claim for damages flowing from the alleged wrongful and malicious conduct of the employer

Reasoning

The Applicant argued the defamation allegations were time-barred under Section 4(2) of the Limitation of Actions Act and that spousal claims (paragraphs 281–282) fell outside the employment relationship. The court did not rule on jurisdiction, holding instead that the paragraphs emphasise the impact of the Respondent's alleged actions on the Claimant and serve to prove exemplary damages.

p. 5

Legal principles established

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  • The power to strike out pleadings is draconian and should be employed only as a last resort and in the clearest of cases
  • Pleadings must contain a concise statement of material facts, and a court may strike out a pleading that is prolix, vague, frivolous or defective

Court orders

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  1. 1.The Respondent/Applicant's Notice of Motion dated 25th November 2024 is dismissed as devoid of merit
  2. 2.Costs shall abide the cause

Authorities

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Legislation

  • Employment & Labour Relations Court ActSection 3(1), 12(3)(viii)
  • Employment and Labour Relations Court (Procedure) Rules 2024Rules 33, 45
  • Limitation of Actions ActSection 4(2)
  • Civil Procedure Rules, 2010Order 2 Rule 15, Order 2 Rule 3

Cases cited (5)

  • World Explorers Safaris Limited v Cosmopolitan Travel Limited & another
    [2021] eKLR
  • Peter Kariuki Manthi -vs- Attorney General & another
    [2018] eKLR
  • Peter Barasa & 4 Others v Futons & Furniture Company Limited
    Nairobi Cause No. 1395 of 2016
  • D. T. Dobie & Company (K) Ltd v Muchina
    (1982)
  • Nicholas Kiptoo Arap Korir Salat v IEBC & 6 Others
    [2013] eKLR
Jurisdiction invoked
Section 3(1) and 12(3)(viii) of the Employment & Labour Relations Court Act; Rules 33 & 45 of the Employment and Labour Relations Court (Procedure) Rules 2024; Section 4(2) of the Limitation of Actions Act; Order 2 Rule 15 of the Civil Procedure Rules, 2010

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, "Allaka v Safaricom Plc (Cause E477 of 2024) [2025] KEELRC 2840 (KLR)", Case Analysis (2025). Cause No E477 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2840/eng@2025-10-23

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