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…Both the Civil Procedure Rules and the Employment and Labour Relations Court (Procedure) Rules, 2024 provide for amendment of pleadings before and after close of pleadings.…

…if by an amendment of the plaint, the defendant would be deprived of his right to rely on Limitations Act but subject however to powers of the court to still allow an amendment notwithstanding the expiry of current period…

…It is the Claimant’s case that the parties have a registered Collective Bargaining Agreement (CBA) and had been in communication since 4th May 2022 on amendments to the CBA and the Claimant responded to the unions letter…

…on proposed amendments to the CBA vide letter dated 13th May 2022, noting that it was experiencing economic low times in business and was not in a position to negotiate the CBA.…

…The application for amendment was opposed on grounds that there was lack of good faith that the proposed amendments were useless; that omission to quantify earlier was not curable; that limitation had set in. that is, no…

…if an amendment is to be allowed; that if the court is not satisfied as to the truth and substantiality of the proposed amendment it ought to be disallowed; that the proposed amendment must not be immaterial or useless or…

…amendment of pleadings at any stage of the proceedings.…

…Counsel submitted that the proposed amendments would not be prejudicial to the respondents and they would be accorded an opportunity to respond to the amended Petition and in any event the respondents precipitated the amendments…

…It is common ground that the proposed amendment of the Petition relates exclusively to the reliefs. The principles that govern amendment of pleadings are well settled.…

…The general rule in relation to amendment of pleadings is as encapsulated by their Charles O.…

…But the power of the court specifically provides that an amendment may be made at any stage of the proceedings.…

…the amendment was allowed.…

…He contended that the amendments birthed the positions of 1st and 2nd Assistants- National General Secretary, now occupied by John Nyaga Ngari and James Cheptirim.…

…Submissions Counsel submitted on whether the Petitioner’s and the members’ rights were violated by the unlawful amendments of the union’s constitution.…

…administrative action the amendments were intended to entrench the power of incumbency, limit competition in union elections and undermine democratic structure of the union.…

…and future amendments among others.…

…Strangely, the Petitioner is reticent as to when the alleged amendment was effected and the circumstances surrounding the amendment and why he did not challenge it at the time and waited until 19th December, 2024 when the…

…The Petition contains no details on how and when the respondents surreptitiously amended and registered the alleged amendments.…

…In the circumstances, and in accord with the trial court the court finds that the respondent was employed as driver of medium sized vehicles at Kshs.20,000.00 under the Regulation of Wages (General) (Amendment) Order 2015…

…Under the Regulation of Wages (General) (Amendment) Order 2017, the salary of a driver medium sized vehicle was raised to Kshs.21,942.30 exclusive of 15% house allowance Kshs.3,291.35 total, Kshs.25,233.65 an underpayment…

…The Honourable Court be pleased to make an amendment to the Judgment dated 11the September, 2024 in order to give clarity and/or translate the orders awarded to the claimant.…

…The applicant is seeking an amendment to the Judgment to clarify the orders made.…

…Apart from these provisions, the Court had wide powers of amendment and should exercise those powers in order to be able to arrive at a correct decision in the case and to nally determine the controversy between the parties…

…Had issues been framed at the hearing, the necessity for amendment of the pleadings would immediately have become apparent, and much trouble and expense avoided.…

…On the applicability of the Regulation of Wages Amendment Orders in Ng’ang’a V Christ the King Parish & another (supra) the Court of Appeal held: “…The minimum wage is what the Government sets from time to time through amendments…

…The respondent qualified for underpayment for 3 years or 36 months as follows: Regulation of Wages (General) (Amendment) Order 2018, Kshs.13,572.90. Regulation of Wages (General) (Amendment) Order 2022 Kshs.15,201.65.…

…CONSTITIUTION OF THE REPUBLIC OF KENYA IN THE MATTER OF: THE ALLEGED CONTRAVENTION OF THE FUNDAMENTAL RIGHTS AND FREEDOMS UNDER SECTION 70,72,75 & 78 OF THE CONSTITUION OF KENYA IN THEMATTER OF: THE CONSTITUTIONAL REVIEW AMENDMENT…

…nugatory.He said that the application must be heard and a ruling given before 7.01.10 since the CoE must present their report to the 3rdRespondent by 7.01.2010 under the provisions of Section 32 of the constitution Review Amendment…

…Count 2: Being in possession of a firearm contrary to S. 4(1) of the Firearms Act as read with Firearms (Amendment) Act No. 8 of 1988.…

…These being the amendments, what effect do they have? In the first place, it is obvious that the terms and setting of the exclusion clauses in both contracts must control the inquiry into these problems.…

…Although Mr Gautama refused to speculate on the effects of the amendments on the plaintiff’s case, in our opinion it is certain that no new facts can profitably arise.…

…Contrary to the appellant’s assertion that the Regulation of Wages (General) (Amendment) Order 2017 was applicable to the appellant, it was not since the appellant was Field Clerk or Farm Clerk and the applicable wage guidelines…

…Under the Regulation of Wages (Agricultural Industry) (Amendment) Order 2018, the consolidated salary of a Farm Clerk was Kshs.12,152.20 per month or Kshs.513.55 per day and under the Regulation of Wages (Agricultural Industry…

…The application for the proposed amendment which has not been heard seeks to delete reference to section 143. But prayers 3, 4 and 5 are identical as in the original Originating Summons.…

…In any event, there was before the superior court a pending application which sought directions of the Court and if that Court thought that amendments to the appellants’ Originating Summons were necessary to ensure that the…

…A parallel situation as regards the amendment of the rules might be said to have occurred in England in relation to extension of time.…

…Under the law as it was conceived to be before the amendment, such a mistake was considered to be in no circumstances a sufficient ground.…

…On underpayment, it is trite that the Cabinet Secretary Ministry of Labour and Social Protection prescribes the minimum wage as by law required and does so through Regulation of Wages (General) (Amendment) Order which are…

…In this case, the sum of Kshs.7,450.00 paid to the respondent on 5th June 2023 was below the minimum wage and the respondent was underpaid under the Regulation of Wages (General) (Amendment) Order 2022 effective 1st May 2022…