Allaka v Safaricom Plc (Cause E477 of 2024) [2025] KEELRC 2840 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the Statement of Claim should be struck out for verbosity, ambiguity and unintelligibility under Order 2 Rule 15 of the Civil Procedure Rules
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
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.
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
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
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.
Legal principles established
#- 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
#- 1.The Respondent/Applicant's Notice of Motion dated 25th November 2024 is dismissed as devoid of merit
- 2.Costs shall abide the cause
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.