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…In these two cited decisions, the Courts did allow the amendments.…

…I have considered the intended amendment as set out in the draft amended plaint.…

…, however late the amendment is sought to be made it should be allowed if made in good faith provided costs can compensate the other side; e) the plaintiff will not be allowed to reframe his case or his claim if by an amendment…

…However, he also noted situations when the court will refuse to exercise its discretion to allow amendments.…

…Proposed amendment should not cause prejudice to the other side which cannot be compensated by means of costs; v. Amendment of a claim or relief barred by time should not be allowed; vi.…

…The delay in filing the petitions for amendment of the pleadings should be properly compensated by costs; ix.…

…amendments to a statute or legislation.…

…This amendment was the same amendment that had been introduced through the Prevention of Torture Act.…

…He contended that the amendments build a new case completely which violates jurisprudence that amendments cannot be used to rewrite a suit.…

…The Court of Appeal in the case of Ochieng and others v First National Bank of Chicago Civil Appeal Number 147 of 1991, stated as follows on amendment of pleadings- a) The power of the Court to allow amendments is intended…

…The amendments should be timeously applied for; the power to allow amendment can be exercised by the court at any stage of proceedings and will indeed be allowed even at appeal stage.…

…The general principle in law is plain that amendments may be allowed at any stage, but the court retains the discretion to determine whether or not to allow the amendment.…

…As regards the amendment of the Notice of Motion I hold that the court has inherent powers to allow it so that the purpose of the proposed amendment in the statement is not defeated."…

…Nyamweya while allowing amendment of Substantive Notice of Motion stated as follows; “3.…

…The principles governing amendment of pleadings are now well settled.…

…The court will refuse leave to amend where the amendment would prejudice the rights of the opposite party existing at the date of the proposed amendment." 18.…

…Finally, the Defendant submitted that the proposed amendment would cause prejudice and occasion injustice on account of the proposed amendment being time-barred.…

…whether the amendment would prejudice other parties.…

…With regard to the amendment, the issue of interest on the sum of Kshs 3,880,000/- was already pleaded in the original plaint, and the amendment herein merely seeks to clarify the date from which interest should accrue.…

…given that the amendment does not change the cause of action. 17.…

…He submitted that Order 8 of the Civil Procedure Rules applies to amendment of principal pleadings and not amendment of applications.…

…The legal parameters governing the amendment of pleadings from the above cited cases can be summed up that the amendment should: a. Not introduce new or inconsistent cause of actions or issues; b. Be made timeously; c.…

…stated as follows: “…the court has discretion to order amendment at any stage before judgment.…

…But it must never grant leave for amendment if the court is of the opinion that the amendment would cause injustice or irreparable loss to the other side or if it is a device to abuse the process of the court.…

…Counsel urged that amendments made before the hearing are allowed freely so long as they don’t cause injustice to the opposite party, and that the proposed amendment was intended to take into account the amendment to the…

…The power of the Court to allow amendment is intended to determine the substantive merits of the case; b. The amendment should be timeously applied for; c.…

…Through this, a Draft Amended Plaint was annexed for this court’s consideration of the necessity of the amendments. Submissions The Applicant submitted stating that amendments was merited.…

…Further, the Court of Appeal outlined the principles in amendment of pleadings in Elijah Kipngeno Arap Bii v Kenya Commercial Bank Limited [2013] eKLR as follows: - “The law on amendment of pleading in terms of section 100…

…Thirdly, in exercising discretion, the court ought to consider whether the amendment embodies a legally valid claim; the reasons why the proposed amendment was not included in the original pleading and justification for the…

…For the court to allow the amendment, it has to first look into the intent and purpose of the amendment and whether any prejudice will be suffered by the other party or parties in dispute and whether prejudice can be compensated…

…But it must never grant leave for amendment if the court is of the opinion that the amendment would cause injustice or irreparable loss to the other side or if it is a device to abuse the process of the court.…

…I have noted that this is not the first amendment of the Plaint by the Applicant.…

…, including the Constitution of Kenya Amendment Act, 2025 (the impugned Bill), Parliament must enact the legislation required under Article 82, and also recommended by this Court, regulating constitutional amendments and…

…to the entrenched provisions. l) A declaration be issued that the Constitution of Kenya Amendment Act, 2025 (the impugned Bill) is unconstitutional for failure to include an explanation on whether the proposed amendments…

…The law governing amendment of pleadings is well settled. Order 8 Rule 3(1) of the Civil Procedure Rules grants the Court wide discretion to allow amendments at any stage of proceedings. 7.…

…amendments should be timeously applied for; power to so amend can be exercised by the court at any stage of the proceedings (including appeal stages); that as a general rule, however late, the amendment is sought to be made…

…Though indicating as an amendment, the applicant seeks to change the substratum of the case.…

…Amendments may be allowed, any time before a final judgment. In this case, the amendment sought, is a disguised amendment to the lower court pleadings, including the defence and judgment.…