[2021] KEELRC 936 (KLR)
The court refused to admit the respondent's payment receipts filed after the close of the claimant's case, upholding procedural fairness and the integrity of the trial process. The court found no sufficient justification for the late filing of documents and maintained its earlier ruling on the matter. However, the...
Source-derived case information.
- Citation
- [2021] KEELRC 936 (KLR)
- Parties
- Claimant: Kenya Union of Domestic, Hotels, Educational Institutions, Hospital and Allied Workers (KUDHEIHA); Respondent: The Nairobi Hospital
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E403 of 2021
- Procedural Posture
- Employment Cause / Ruling on Admissibility of Documents and Directions for Typed Proceedings
- Outcome
- Application for admission of late documents refused; request for typed proceedings granted.
- Judges
- AN Mwaure
- Legal Topics
- Admissibility of Evidence, Court Procedure, Typed Proceedings, Covid19 Measures
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Domestic, Hotels, Educational Institutions, Hospital and Allied Workers (KUDHEIHA)
Claimant
The Nairobi Hospital
Respondent
Procedural Posture
Employment Cause / Ruling on Admissibility of Documents and Directions for Typed Proceedings
Legal Issues
- 1 Whether the respondent's payment receipts filed after the close of the claimant's case should be admitted as evidence.
- 2 Whether the respondent is entitled to typed proceedings for purposes of appeal.
Ratio Decidendi
The court refused to admit the respondent's payment receipts filed after the close of the claimant's case, upholding procedural fairness and the integrity of the trial process. The court found no sufficient justification for the late filing of documents and maintained its earlier ruling on the matter. However, the court granted the respondent's request for typed proceedings to facilitate an appeal, subject to payment of requisite court fees. The court also directed that the case proceed with the respondent's evidence, ensuring the matter continues expeditiously. The ruling was delivered virtually in compliance with COVID-19 measures and relevant constitutional and statutory provisions...
Court Disposition
Application for admission of late documents refused; request for typed proceedings granted.
Orders
- Typed proceedings to be provided to the respondent within two days upon payment of requisite court fees.
- Case to proceed with the respondent's evidence.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. E403 OF 2021
(Before Hon. Lady Justice Anna Ngibuini Mwaure)
KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS,
HOSPITAL AND ALLIED WORKERS (KUDHEIHA) CLAIMANT
VERSUS
THE NAIROBI HOSPITAL RESPONDENT
RULING NO. 3
1. The Respondent has requested for typed proceedings to appeal the Court’s ruling on the refusal by Court to admit the payments receipts filed by the Respondent on 24th September 2021 after close of Claimant’s case.
2. The Court has given its ruling on the reasons why it has refused to admit the documents. (See Ruling No. 2 annexed hereto)
3. The Respondent will be given the typed proceedings within two days from today’s date upon paying any requisite Court fees.
4. Case to proceed with the Respondent’s evidence.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI ON THIS 28TH DAY OF SEPTEMBER 2021
ANNA NGIBUINI MWAURE
JUDGE
ORDER
In view of the declaration of measures restricting court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court has been guided by Article 159(2)(d) of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Civil Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this court the duty of the court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.
ANNA NGIBUINI MWAURE
JUDGE