[2023] KEELRC 1418 (KLR)
The court found that the issue of non-supply of documents was not raised in either examination in chief or cross-examination. Therefore, the claimant's counsel could not introduce this issue during re-examination. The objection by the respondent was upheld, and the court directed that re-examination proceed without...
Source-derived case information.
- Citation
- [2023] KEELRC 1418 (KLR)
- Parties
- Applicant: Joyce Mideva Mavisi; Respondent: Kenya Revenue Authority
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Cause 1725 of 2017
- Procedural Posture
- Employment and Labour Cause / Ruling on Objection During Re Examination
- Outcome
- Objection upheld; re-examination to proceed without introducing new issues.
- Judges
- Nzioki wa Makau
- Legal Topics
- Re Examination Scope, Objection to Questions, Documentary Evidence, Termination of Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Mideva Mavisi
Applicant
Kenya Revenue Authority
Respondent
Procedural Posture
Employment and Labour Cause / Ruling on Objection During Re Examination
Legal Issues
- 1 Whether the claimant's counsel introduced new issues during re-examination contrary to procedural rules.
- 2 Whether the issue of non-supply of documents was previously raised in examination in chief or cross-examination.
Ratio Decidendi
The court found that the issue of non-supply of documents was not raised in either examination in chief or cross-examination. Therefore, the claimant's counsel could not introduce this issue during re-examination. The objection by the respondent was upheld, and the court directed that re-examination proceed without reference to the non-supply of documents, as it was not part of the earlier testimony. The ruling reinforces the procedural rule that re-examination must be confined to clarifying matters raised in cross-examination and cannot be used to introduce new issues.
Court Disposition
Objection upheld; re-examination to proceed without introducing new issues.
Orders
- Objection to the line of questioning in re-examination is upheld.
- Re-examination to proceed without reference to non-supply of documents.
Full Case Text
Judgment text and source record
20 paragraphs
Mavisi v Kenya Revenue Authority (Employment and Labour Relations Cause 1725 of 2017) [2023] KEELRC 1418 (KLR) (29 May 2023) (Ruling)
Neutral citation: [2023] KEELRC 1418 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Employment and Labour Relations Cause 1725 of 2017
Nzioki wa Makau, J
May 29, 2023
Between
Joyce Mideva Mavisi
Claimant
and
Kenya Revenue Authority
Respondent
Ruling
1. Objection is taken to the line of questions that Mr Othim for the Claimant is taking in the re-examination of the Claimant. Mr Muhoro for the Respondent asserts that there are new issues being introduced and as such be objects to that line of questioning.
2. Mr Othim in his reply states that the issue of documents did arise in both the examination in chief and cross-examination as well as the pleadings. He urges the court to disallow the objection.
3. The Respondent’s counsel asserts the issue did not arise at all in either cross-examination nor in examination in chief.
4. The court has pored over the record and has not come across any point at examination in chief or on cross examination that the issue of non-supply of documents was raised. Indeed, the Claimant spoke at length about the tribulations she asserts were brought to bear by the termination of the contract and the negative publicity around it. As such the objection taken is merited as far as the court can see as no mention was made on testimony before the Court about documents not being availed. Objection is thus upheld and re-examination is to go on with this in mind.
It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 29TH DAY OF MAY 2023NZIOKI WA MAKAUJUDGE