[2022] KEELRC 12834 (KLR)
The court found that the claimant had demonstrated good cause for recalling the respondent's witness, as the network instability during the previous hearing materially affected the flow and completeness of the evidence. The court emphasized its duty to ensure a fair hearing and concluded that allowing the...
Source-derived case information.
- Citation
- [2022] KEELRC 12834 (KLR)
- Parties
- Applicant: John Barasa; Respondent: Security Group Africa Ltd (SGA)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Cause 50 of 2019
- Procedural Posture
- Employment Cause / Ruling on Interlocutory Application to Recall Witness for Further Cross Examination
- Outcome
- Application to recall the respondent's witness for further cross-examination allowed.
- Judges
- NJ Abuodha
- Legal Topics
- Recall of Witness, Cross Examination, Fair Hearing, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Barasa
Applicant
Security Group Africa Ltd (SGA)
Respondent
Procedural Posture
Employment Cause / Ruling on Interlocutory Application to Recall Witness for Further Cross Examination
Legal Issues
- 1 Whether the claimant has shown sufficient cause to recall the respondent's witness for further cross-examination due to network disruptions during prior testimony.
- 2 Whether recalling the witness would prejudice the respondent or unduly delay proceedings.
Ratio Decidendi
The court found that the claimant had demonstrated good cause for recalling the respondent's witness, as the network instability during the previous hearing materially affected the flow and completeness of the evidence. The court emphasized its duty to ensure a fair hearing and concluded that allowing the application would not prejudice the respondent. Therefore, in the interests of justice, the application to recall the witness for further cross-examination was allowed.
Court Disposition
Application to recall the respondent's witness for further cross-examination allowed.
Orders
- The application dated September 24, 2021 is allowed.
- Matter set for mention on November 7, 2022 for allocation of a new hearing date.
Full Case Text
Judgment text and source record
23 paragraphs
Barasa v Security Group Africa Ltd (SGA) (Cause 50 of 2019) [2022] KEELRC 12834 (KLR) (14 October 2022) (Ruling)
Neutral citation: [2022] KEELRC 12834 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Eldoret
Cause 50 of 2019
NJ Abuodha, J
October 14, 2022
Between
John Barasa
Claimant
and
Security Group Africa Ltd (SGA)
Respondent
Ruling
1. Before me is an application dated September 24, 2021 seeking the recalling for further cross-examination, the respondents witness one Patrick Nzomo Mwasya.
2. The application is premised on groundsinter alia that when the witness appeared before the court on September 23, 2021 the network did not work seamlessly making the witness evidence disjointed and leaving some areas untackled. According to counsel the network connectivity challenge was such that it distorted the way evidence was adduced and line of cross-examination.
3. The respondent opposed the application claiming this was an attempt to delay the matter and get a second chance to fill the gaps in the claimant’s case.
4. The role of the court in resolving disputes is to create an environment where each party would at the conclusion of the trial feel they had a fair chance to present their case. Recalling a witness though disrupts the flow of evidence but may be necessary where good cause is shown.
5. From the record, the court on September 22, 2021 adjourned the hearing noticing the instability of communication from counsel for the respondent. It is for this reason the court adjourned to November 2, 2021. In the meantime, the claimant brought the present application stating that due to unstable network, he felt the flow of evidence was not smooth and there were gaps in the respondent’s witness testimony due to unstable network.
6. The courts takes the view that allowing the application will occasion the respondent no prejudice and would be in the interest of justice.
7. The application is therefore allowed and matter set for mention on November 7, 2022 for purposes of allocating a new hearing date.
8. It is so ordered
DATED AND DELIVERED AT ELDORET THIS 14TH DAY OF OCTOBER, 2022ABUODHA NELSON JORUMJUDGE ELRC