[2025] KEELRC 1833 (KLR)
The court held that the respondent's objection to the production of documents was without merit because the documents had been properly filed and served in accordance with the Procedure Rules. Any objections regarding documents should have been raised at the pre-trial conference, not during the trial. The court...
Source-derived case information.
- Citation
- [2025] KEELRC 1833 (KLR)
- Parties
- Applicant: Jera Edwin Kawimbi; Respondent: Modern Coast Building And Construction Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 59 of 2018
- Procedural Posture
- Employment Cause / Ruling on Objection During Hearing
- Outcome
- objection dismissed
- Judges
- K Ocharo
- Legal Topics
- Admissibility of Documents, Procedure for Document Production, Pre Trial Procedure, Amendment of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jera Edwin Kawimbi
Applicant
Modern Coast Building And Construction Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Objection During Hearing
Legal Issues
- 1 Whether the claimant is required to produce original documents at trial when copies have been filed and served.
- 2 Whether fresh witness statements and documents must be filed after amendment of pleadings.
- 3 Whether objections to documents can be raised during trial rather than at pre-trial conference.
Ratio Decidendi
The court held that the respondent's objection to the production of documents was without merit because the documents had been properly filed and served in accordance with the Procedure Rules. Any objections regarding documents should have been raised at the pre-trial conference, not during the trial. The court further clarified that there is no legal requirement to file new documents or witness statements after an amendment to pleadings unless the amendments introduce substantial changes to the factual issues. The court emphasized the importance of adhering to procedural rules to avoid unnecessary delays and to uphold the overriding objective of efficient case management. The objection...
Court Disposition
objection dismissed
Orders
- The respondent's objection to the production of documents is dismissed.
- The matter shall proceed to hearing as scheduled.
Full Case Text
Judgment text and source record
25 paragraphs
Kawimbi v Modern Coast Building and Construction Ltd (Cause 59 of 2018) [2025] KEELRC 1833 (KLR) (24 June 2025) (Ruling)
Neutral citation: [2025] KEELRC 1833 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 59 of 2018
K Ocharo, J
June 24, 2025
Between
Jera Edwin Kawimbi
Claimant
and
Modern Coast Building And Construction Ltd
Respondent
Ruling
1. When this matter was called for hearing on 5th June 2025, and as the Claimant had begun giving evidence, Counsel for the Respondent objected to the production of the documents that the Claimant had filed and served under the list of documents dated 17th January 2018. These were copies of his identification card, job card, and payslip.
2. Counsel for the Respondent argued that the objection is based on the “originality of documents to be used at trial.” The Respondent has not seen the originals of the documents. Furthermore, when the Claimant amended his statement of claim, he did not file any witness statements.
3. Counsel for the Claimant submitted that the Claimant possesses the original documents listed above that were filed and served.
4. On the issue of filing fresh witness statements after the amendment of the statement of claim, he argued that the matter had already been addressed by Justice Ndolo and Justice Nzei. The objections raised by the Respondent were dismissed by the two Judges.
5. I have carefully considered the arguments presented by Counsel for the parties. I have no hesitation in stating that the Respondent's objection is a suitable candidate for rejection.
6. Pursuant to the Procedure Rules of this court, documents are filed simultaneously with pleadings, and when they have been filed accordingly, any concerns regarding them should be raised at the pre-trial conference, not during the trial. Courts cannot liberally permit a practice such as that proposed by the Respondent, as it would undermine the court's overriding objective and the purpose of the pre-trial procedural steps outlined in the Procedure Rules of this court – ELRC.
7. Furthermore, the Procedure Rules have established mechanisms such as document inspection that should be utilised to prevent objections, like those raised by the Respondent, which only serve to delay the disposal of matters.
8. For the comfort of the Respondents regarding seeing the original documents, this court has ordered a physical hearing instead of a virtual one.
9. I take a clear view that there is no legal requirement that, whenever pleadings are amended, a new set of documents and witness statements must be submitted, unless the amendments involve a substantial change in the factual issues of the case.
10. In the upshot, I find the objection raised by the Respondent’s Counsel lacking merit. It is hereby dismissed.
READ, DELIVERED AND SIGNED THIS 24THDAY OF JUNE, 2025. ....................................OCHARO KEBIRAJUDGE.