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ELRCOtherNot stated in the judgment extract· [2015] KEELRC 146 (KLR)
Carolyne Wambui Njue v Rift Valley Railways (Kenya) Limited [2015] KEELRC 146 (KLR)
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·~4 min to read original · ~4 min briefThe bottom line
#Kenyan courts can order employers to produce co-workers' payslips and certificates in equal-pay discrimination cases, but privacy concerns weigh heavily.
What this practically means
#Executive summary
#This is an interlocutory notice of motion dated 6th May 2015 in an Employment and Labour Relations Court cause at Nairobi, in which the claimant, Caroline Wambui Njue, sought an order of production directed at the respondent's Human Resource Manager for certified payslips of two fellow employees, Rafael Araujo and Victor Ayiera, for specified periods, together with their academic certificates, on pain of the respondent's reply being struck out. The claimant, whose substantive case is one of workplace discrimination based on unequal pay for equal work, supported the motion with an affidavit deposing that the documents are in the respondent's custody, are relevant to the discrimination claim, and are necessary for a fair, just, expeditious and proportionate trial. The respondent opposed through grounds of contention that the application seeks disclosure of confidential third-party information in breach of Article 31 of the Constitution and section 5(4)(b) of the Employment Act, 2007. Before the court, counsel for the claimant relied on Article 35 and authorities on discovery and privilege, arguing that even confidential documents may be produced in the interests of justice. Counsel for the respondent argued that Article 31 (privacy) limits Article 35 (access to information) and that the academic certificates were held in a relationship of trust. The judgment records the rival submissions but the text supplied ends at the delivery note without any findings or final orders, so the outcome and costs cannot be ascertained from this document.
Key legal issues
#Legal principles established
#Court orders
#- 1.No final orders are recorded in the judgment extract provided; the text ends at the delivery note
- Jurisdiction invoked
- Not expressly stated; the matter arises from an employment dispute and an interlocutory notice of motion for production of documents
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Carolyne Wambui Njue v Rift Valley Railways (Kenya) Limited [2015] KEELRC 146 (KLR)", Case Analysis (2015). Not stated in the judgment extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/146/eng@2015-11-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.