[2013] KEELRC 80 (KLR)
The court found that the documents requested by the claimant are necessary for the fair prosecution of his case. The respondent is therefore compelled to produce all the documents enumerated in the notice of motion, as these are relevant to the issues in dispute and are likely to assist the court in reaching a just...
Source-derived case information.
- Citation
- [2013] KEELRC 80 (KLR)
- Parties
- Claimant: Iqak Parvez; Respondent: Simba Colt Motors Ltd.
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1720 of 2012
- Procedural Posture
- Employment Cause / Interlocutory Application
- Outcome
- application_allowed
- Legal Topics
- Disclosure of Documents, Employment Records, Work Permits, Human Resource Consultancy, Statutory Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Iqak Parvez
Claimant
Simba Colt Motors Ltd.
Respondent
Procedural Posture
Employment Cause / Interlocutory Application
Legal Issues
- 1 Whether the respondent should be compelled to produce specific employment and consultancy documents requested by the claimant.
- 2 Whether the documents sought are necessary for the fair prosecution of the claimant's case.
Ratio Decidendi
The court found that the documents requested by the claimant are necessary for the fair prosecution of his case. The respondent is therefore compelled to produce all the documents enumerated in the notice of motion, as these are relevant to the issues in dispute and are likely to assist the court in reaching a just determination. The court exercised its discretion to order production, noting that full reasons would be provided in the final judgment.
Court Disposition
application_allowed
Orders
- The respondent is directed to produce all documents named in the notice of motion to the claimant.
- Costs in the cause.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI
CAUSE NO. 1720 OF 2012
IQAK PARVEZ ……………………………………….CLAIMANT
-VERSUS-
SIMBA COLT MOTORS LTD. ……………….…RESPONDENT
Claimant in person.
M/s. Macharia for Respondent.
RULING
By a Notice of Motion dated 7th May, 2013, the Claimant seeks production of all documents enumerated in the notice of motion to wit;
Full and final report for the Human Resource Consulting Assignment by Delloite;
John Jutson’s record of payslip from October, 2008 to October, 2009;
Copy of records of John Jutson’s qualifications;
Work Permit for John Jutson for 2008 and 2009.
Letter/Memorandum of staff members informing them of the adoption of the report by Deloitte.
Notification of filling or abolishing of post as set out under Section 77 of the Employment Act. And
Costs of the application.
Upon reading the papers filed of record and having considered the submissions by the parties the court directs the Respondent to produce all the documents named herein to the applicant as necessary documents to enable the Claimant prosecute his case. Full reasons for the decision will be provided in the final judgment.
Costs in the cause.
Dated and delivered at Nairobi this 22nd day of November, 2013.
MATHEWS N. NDUMA
PRINCIPAL JUDGE