Kenya Union of Domestic Hotels Education Institutions, Hospitals and Allied Workers

REPUBLIC OF KENYA IN THE EMPLOYMENT & LABOUR RELATIONS COURT AT NAIROBI CAUSE NO. 235 OF 2009 KENYA UNION OF DOMESTIC HOTELS EDUCATION INSTITUTIONS, HOSPITALS AND ALLIED WORKERS (KUDHEIHA) ……………….…. CLAIMANT -VERSUSCATERING AND TOURISM DEVELOPMENT LEVY TOURISM ……………........…... RESPONDENT RULING 1. The claimant seeks to amend the statement of claim vide a notice of motion application filed on 13 th July 2016. 2. The intention is to add certain particulars erroneously omitted in the original statement of claim. 3. The application is opposed vide grounds of opposition filed on 5th August 2016 to wit that the application is bad in law as it is time barred in terms of Section 90 of the Employment Act. 4. The principles of amendment were set out by the Court of Appeal in Central Kenya Ltd –vs– Trust Bank & others, Appeal No. 222 of 1998 as follows:a) The amendments are necessary for determining the real question in controversy. b) To avoid multiplicity of suits provided there has been no undue delay. c) Only where no new or inconsistent cause of action is introduced that is, if new cause of action does not arise out of the same facts or substantially the same facts as a cause of action. d) That no vested interest or accrued legal rights is affected; and e) long as it does not occasion prejudice or injustice to the other side. 5. On the question of delay, the suit was filed on 22 nd July 2009 and the amendment is being sought, more than seven (7) years from the date of filing. 6. The court has perused the draft amended memorandum of claim and the document intends to introduce only one new claim of Golden handshake in respect of all the claimants. All the other claims are not new and were in the memorandum of claim except that the figures have now been quantified in the amended

page 1 of 2