[2023] KEELRC 158 (KLR)
The court found that the claimant had demonstrated genuine efforts to retrieve the original documents from the court file, as previously allowed by the court, but was unable to do so because the documents were missing through no fault of his own. In the absence of opposition from the respondent and in the interests...
Source-derived case information.
- Citation
- [2023] KEELRC 158 (KLR)
- Parties
- Applicant: Jared Fikiri; Respondent: Kemyn Industries Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 618 of 2015
- Procedural Posture
- Employment Cause / Ruling on Interlocutory Application
- Outcome
- Application allowed as prayed.
- Judges
- AK Nzei
- Legal Topics
- Admissibility of Evidence, Production of Documents, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared Fikiri
Applicant
Kemyn Industries Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the claimant should be allowed to produce certified copies of documents previously produced in the lower court but now missing from the court file.
- 2 Whether the certified copies of documents should be admitted in evidence during trial.
Ratio Decidendi
The court found that the claimant had demonstrated genuine efforts to retrieve the original documents from the court file, as previously allowed by the court, but was unable to do so because the documents were missing through no fault of his own. In the absence of opposition from the respondent and in the interests of justice and fair hearing, the court exercised its discretion to allow the claimant to produce certified copies of the documents listed in his filed list of documents. The court further directed the claimant to file and serve a fresh list and bundle of certified copies within seven days, ensuring procedural compliance and safeguarding the respondent's right to notice.
Court Disposition
Application allowed as prayed.
Orders
- The claimant is allowed to produce certified copies of the documents listed on the filed list of documents during trial.
- The claimant shall file and serve a fresh list and bundle of certified copies of the said documents within seven days of this ruling.
Full Case Text
Judgment text and source record
21 paragraphs
Fikiri v Kemyn Industries Ltd (Cause 618 of 2015) [2023] KEELRC 158 (KLR) (26 January 2023) (Ruling)
Neutral citation: [2023] KEELRC 158 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Mombasa
Cause 618 of 2015
AK Nzei, J
January 26, 2023
Between
Jared Fikiri
Claimant
and
Kemyn Industries Ltd
Respondent
(Originating from case No 2210 of 2006 Mombasa)
Ruling
1. The application before me is the claimant’s notice of motion dated November 9, 2022. The claimant seeks the following orders:-a.That the claimant/applicant be allowed to produce certified copies of the documents listed on the claimant’s list of documents which had been marked as the plaintiff’s exhibit No 1 to 6 in the lower court case No 2210 of 2006 Mombasa, which documents the claimant wishes to rely on during trial.b.That the certified copies of documents be admitted in evidence.c.That cost of the application be in the cause.
2. The application is supported by the claimant’s affidavit sworn on November 9, 2022 and filed with the application. It is deponed in the said affidavit:-a.That the suit herein was first filed in the lower court as Mombasa SRMCC No 2210 of 2006, and was heard ex-parte before that court and an ex-parte judgment was delivered.b.That the lower court’s ex-parte judgment was subsequently set aside pursuant to an application in that regard by the respondent.c.That the claimant produced his original evidential documents in the lower court during the ex-parte trial before that court.d.That the lower court suit was transferred to this court after the setting aside of the ex-parte judgment.e.That on 27/9/2022, the claimant/applicant orally applied to be allowed to retrieve from the court’s record the original documents which he had produced in the lower court and that his application was allowed.f.That the claimant’s requests and attempts to retrieve the said documents have not succeeded as the same appear to be missing from the court file; hence the prayer to be allowed to produce certified copies of the said documents in evidence.
3. The application is not opposed as the respondent has not filed any response thereto, despite being shown to have been served with the application and a hearing notice thereon.
4. Having considered the depositions made in the claimant’s supporting affidavit, I allow the unopposed application in the following terms:-a.The claimant is allowed to produce certified copies of the documents listed on the filed list of documents during trial.b.The claimant shall file and serve a fresh list and bundle of certified copies of the said documents within seven (7) days of this ruling.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 26TH DAY OF JANUARY 2023AGNES KITIKU NZEIJUDGEORDERIn view of restrictions on physical Court operations occasioned by the COVID-19 Pandemic, this Ruling has been delivered via Microsoft Teams Online Platform. A signed copy will be availed to each party upon payment of Court fees.AGNES KITIKU NZEIJUDGEAppearance:M/s Chereno for ClaimantN/A Respondent