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ELRCAllowedNotice of Motion dated 7th May, 2013· [2013] KEELRC 80 (KLR)

Iqak Parvez v Simba Colt Motors Ltd. [2013] KEELRC 80 (KLR)

Industrial Court (Employment and Labour Relations Court)
22 November 2013
MNMathews N. Nduma
178 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court ordered an employer to hand over HR reports, payslips and work records an employee needed to prove his case.

What this practically means

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Executive summary

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This was an interlocutory ruling of the Industrial Court at Nairobi delivered by Mathews N. Nduma, Principal Judge, on 22nd November 2013. The Claimant, John Jutson, moved the court by a Notice of Motion dated 7th May 2013 seeking an order compelling the Respondent to produce specified documents: the full and final report of the Human Resource Consulting Assignment by Deloitte, the Claimant's payslips from October 2008 to October 2009, records of his qualifications, his work permits for 2008 and 2009, the letter or memorandum informing staff of the adoption of the Deloitte report, and the notification of filling or abolishing of a post as provided under Section 77 of the Employment Act, together with costs of the application. Having read the papers filed of record and considered the submissions of the parties, the court found the documents necessary to enable the Claimant prosecute his case and directed the Respondent to produce all the documents named in the motion. The court declined to give detailed reasons immediately, reserving them for the final judgment. It made no order as to costs at that stage, ordering that costs be costs in the cause. The application therefore succeeded in full on the production issue.

Key legal issues

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01

Production of documents for prosecution of a claim

Holding

The Respondent was ordered to produce all enumerated documents as necessary for the Claimant to prosecute his case

Reasoning

The court considered the pleadings and submissions of both parties and found the documents sought, including the Deloitte HR report, payslips, qualifications records and work permits, necessary to enable the Claimant prosecute his case. Detailed reasons were reserved for the final judgment.

p. 1

Legal principles established

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  • A party may be ordered to produce documents necessary to enable the opposing party prosecute its case

Court orders

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  1. 1.Respondent directed to produce all the documents named in the motion (Deloitte HR report, payslips October 2008-October 2009, qualifications records, work permits for 2008 and 2009, letter/memorandum to staff, notification of filling or abolishing of post under Section 77 of the Employment Act)
  2. 2.Full reasons reserved for the final judgment
  3. 3.Costs in the cause

Authorities

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Legislation

  • Employment ActSection 77
Jurisdiction invoked
not stated in the judgment excerpt

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Iqak Parvez v Simba Colt Motors Ltd. [2013] KEELRC 80 (KLR)", Case Analysis (2013). Notice of Motion dated 7th May, 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/80/eng@2013-11-22

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.