[2022] KEELRC 12905 (KLR)
The court found that the claimant had demonstrated good cause for recalling the respondent's witness, as network instability during the previous hearing compromised the integrity of the cross-examination. The court emphasized that its primary role is to ensure both parties have a fair chance to present their cases....
Source-derived case information.
- Citation
- [2022] KEELRC 12905 (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
- Cause / Ruling on Interlocutory Application to Recall Witness for Further Cross Examination
- Outcome
- application 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
Cause / Ruling on Interlocutory Application to Recall Witness for Further Cross Examination
Legal Issues
- 1 Whether the claimant should be allowed 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 serve the interests of justice.
Ratio Decidendi
The court found that the claimant had demonstrated good cause for recalling the respondent's witness, as network instability during the previous hearing compromised the integrity of the cross-examination. The court emphasized that its primary role is to ensure both parties have a fair chance to present their cases. Allowing the application would not prejudice the respondent and would serve the interests of justice by ensuring that the evidence is properly tested. Consequently, the application to recall the witness was allowed, and the matter was set for mention to allocate a new hearing date.
Court Disposition
application allowed
Orders
- The claimant is allowed to recall the respondent's witness for further cross-examination.
- The matter is 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 12905 (KLR) (14 October 2022) (Ruling)
Neutral citation: [2022] KEELRC 12905 (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 grounds inter 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