[2024] KEELRC 336 (KLR)
The court found that both parties were in agreement regarding the applications before it. The claimant was permitted to withdraw the document marked 'MF1-3' as the intended witness was unavailable. The respondent was granted leave to file its supplementary list of documents, with the date error corrected on the...
Source-derived case information.
- Citation
- [2024] KEELRC 336 (KLR)
- Parties
- Applicant: Denis Omondi Aketch; Respondent: West Kenya Sugar Company Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Cause E021 of 2023
- Procedural Posture
- Employment and Labour Cause / Interlocutory Ruling on Applications to Withdraw Document, File Supplementary Documents, and Re Open Claimant's Case
- Outcome
- Interlocutory applications allowed by consent; orders granted as sought.
- Judges
- JW Keli
- Legal Topics
- Admissibility of Documents, Leave to File Documents, Reopening of Case, Supplementary Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Denis Omondi Aketch
Applicant
West Kenya Sugar Company Limited
Respondent
Procedural Posture
Employment and Labour Cause / Interlocutory Ruling on Applications to Withdraw Document, File Supplementary Documents, and Re Open Claimant's Case
Legal Issues
- 1 Whether the claimant should be allowed to withdraw the document marked 'MF1-3'.
- 2 Whether the respondent should be granted leave to file a supplementary list of documents out of time.
- 3 Whether the claimant should be granted leave to file additional documents and re-open their case under section 146(4) of the Evidence Act.
Ratio Decidendi
The court found that both parties were in agreement regarding the applications before it. The claimant was permitted to withdraw the document marked 'MF1-3' as the intended witness was unavailable. The respondent was granted leave to file its supplementary list of documents, with the date error corrected on the record. The claimant was also granted leave to file additional documents (the contract and bills of quantities) within seven days and to re-open their case under section 146(4) of the Evidence Act to produce these documents. The court exercised its discretion to facilitate a fair hearing and ensure all relevant evidence could be adduced, noting that the parties had consented to the...
Court Disposition
Interlocutory applications allowed by consent; orders granted as sought.
Orders
- The document marked 'MF1-3' is marked as withdrawn.
- The respondent's supplementary list of documents dated 20th February 2023 (corrected to 2024) and filed on 22nd February 2024 is deemed as duly filed.
Full Case Text
Judgment text and source record
24 paragraphs
Aketch v West Kenya Sugar Company Limited (Employment and Labour Relations Cause E021 of 2023) [2024] KEELRC 336 (KLR) (23 February 2024) (Ruling)
Neutral citation: [2024] KEELRC 336 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kakamega
Employment and Labour Relations Cause E021 of 2023
JW Keli, J
February 23, 2024
Between
Denis Omondi Aketch
Claimant
and
West Kenya Sugar Company Limited
Respondent
Ruling
1. The matter was scheduled for part heard hearing today with the Claimant scheduled to call one Neil Hellings to produce the document marked ‘MF1-3’. The Claimant’s counsel informed court they were unable to call the witness and requested ‘MF1-3’ be marked as withdrawn. The court allows the application and marks the document marked as ‘MFI-3’ as withdrawn.
2. The 2nd application was by the Respondent seeking leave of the Court to file supplementary documents on basis that the version filed earlier was one sided hence incomplete. The Respondent’s counsel informed the court that the supplementary list of documents was in possession of the Claimant at all material times. The Respondent sought leave of the Court that the supplementary list of documents dated 20th February 2023 (year 2023 was an error and the record was corrected in court to read 2024) be deemed as filed.
3. The Claimant’s counsel in response stated that some of the documents filed in the supplementary list by the Respondent may not have been in her client’s list of documents and need time to consult. The Claimant’s counsel sought leave of the Court to file the contract document and bills of quantities following the supplementary list of documents served. The counsel further requested for re-opening of the Claimant’s case to produce the documents sought to be filed under section 146 (4) of the Evidence Act to wit:-“(4)The court may in all cases permit a witness to be recalled either for further examination-in-chief or for further cross-examination, and if it does so, the parties have the right of further cross-examination and re-examination respectively.".
4. The court finds the parties are in agreement on the two applications.
5. The Respondent’s supplementary list of documents dated 20th February 2023(error in date and corrected to read 2024) and filed on the 22nd February 2024 is deemed as duly filed.
6. The Claimant is granted leave to file the contract and bills of quantities under the subject matter within 7 days of today’s order.
7. The Claimant’s case is ordered to be re-opened under section 146(4) of the Evidence Act (supra).
8. The Matter is marked as part-heard and taken out of today’s hearing for the foregoing reasons. The parties by consent list the matter for hearing of Claimant’s case as re-opened and defenc.e case on the 19th March 2024
9. It is so ordered.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA ON THIS 23RD DAY OF FEBRUARY 2024. J.W. KELIJUDGEIn the presence of:-C/A Lucy MachesoFor Claimant:- Ms. NgaruiyaFor Respondent: Mr. Andiwo