[2023] KEELRC 1872 (KLR)
The court held that while some latitude may be given for limited reference to matters mentioned in the respondent's witness statement, the witness is not permitted to introduce new evidence or comment on testimony adduced by other witnesses, particularly where such comments may cast aspersions on their character....
Source-derived case information.
- Citation
- [2023] KEELRC 1872 (KLR)
- Parties
- Applicant: Jacob Ndemo Omache; Respondent: Security Group K. Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 968 of 2015
- Procedural Posture
- Employment Cause / Ruling on Objection to Evidence
- Outcome
- objection upheld in part
- Judges
- Nzioki wa Makau
- Legal Topics
- Admissibility of Evidence, Witness Statements, Conciliation Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Ndemo Omache
Applicant
Security Group K. Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Objection to Evidence
Legal Issues
- 1 Whether the respondent's witness can introduce new evidence not contained in her witness statement.
- 2 Whether the testimony of the respondent's witness improperly casts aspersions on the character of the Labour Officer.
Ratio Decidendi
The court held that while some latitude may be given for limited reference to matters mentioned in the respondent's witness statement, the witness is not permitted to introduce new evidence or comment on testimony adduced by other witnesses, particularly where such comments may cast aspersions on their character. The objection was upheld to the extent that the respondent's witness must confine her testimony strictly to the contents of her statement and documents before the court, in order to ensure fairness and the expeditious disposal of the matter.
Court Disposition
objection upheld in part
Orders
- The respondent's witness shall refrain from commenting on testimony adduced and confine her testimony to the evidence adduced by way of statement and documents before court.
Full Case Text
Judgment text and source record
21 paragraphs
Omache v Security Group K. Limited (Cause 968 of 2015) [2023] KEELRC 1872 (KLR) (10 July 2023) (Ruling)
Neutral citation: [2023] KEELRC 1872 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 968 of 2015
Nzioki wa Makau, J
July 10, 2023
Between
Jacob Ndemo Omache
Claimant
and
Security Group K. Limited
Respondent
Ruling
1. There is objection to testimony by the respondent’s witness. It is averted she is introducing new evidence the claimant will not have a chance to counter. It is stated none of the testimony is in her statement.
2. In opposition, Counsel for the respondent asserts the testimony adduced is in respect of the evidence of Labour Officer who stated he was not aware of payment made and she is the witness who was present and participated. He thus asserts the objection is not valid.
3. In reply, Counsel for the claimant asserts that the evidence being adduced is casting aspersions on the character of the Labour Officer and indicates shock yet her witness statement says nothing of the testimony being adduced. He submits that the evidence being adduced is different testimony to that on record.
4. The statement by the Respondent’s witness refers to two conciliation meetings held on 19th and November 27, 2014. It is by this reference that some latitude could be given to allow for some limited reference to the said matter. This however is not carte blanche for the Respondent to cast aspersions on witness by the claimant in relation to evidence adduced as this would open a back & forth in relation to testimony of parties which would not aid the administration of justice and the expeditious disposal of the matter.
5. As is, the matter has dragged on in court and has to even be deferred given the time taken in having this ex tempore Ruling delivered. The objection is upheld to extent that the respondent’s witness will refrain from commenting on testimony adduced and confine her testimony to the evidence adduced by way of statement and documents before court.
It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 10TH DAY OF JULY 2023NZIOKI WA MAKAUJUDGE