Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedNot stated in the judgment· [2015] KEELRC 1316 (KLR)

John Kamau Mburu v Program for Appropriate Technology in Health (PATH) & another [2015] KEELRC 1316 (KLR)

Employment and Labour Relations Court
18 March 2015
511 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court refused to throw out a worker's unfair termination claim despite a forensic report questioning his employment contract's signatures.

What this practically means

#

Executive summary

#
The 2nd Respondent, Prof Elizabeth Ngugi, brought a Notice of Motion dated 5th December 2014 seeking to strike out the Claimant's employment claim, to have the Claimant investigated by the Criminal Investigations Department for forgery, and for costs. The application rested on a Forensic Documents Examiner's report dated 20th June 2013, produced pursuant to a court order made on 13th June 2013 at the request of the 1st and 2nd Respondents, in which the examiner opined that the signatures on the contract of employment were not made by the same author. The 1st Respondent supported the application; the Claimant opposed it, contending the application was made in bad faith, that he had adduced other evidence beyond the disputed documents, and that he disagreed with the examiner's opinion. Relying on authority that striking out is an extreme summary remedy to be granted with caution, the court declined to strike out the claim, holding that even if the disputed documents were expunged, a remnant of the Claimant's case remained worthy of the Court's attention. The prayer for a CID investigation was refused as premature and misguided since the court had not yet ruled on the forensic report. The application was dismissed with costs to the Claimant.

Key legal issues

#
01

Whether a claim supported partly by disputed documents should be struck out

Holding

No; the claim survives because other evidence supports it even if the disputed documents are expunged

Reasoning

The court held that striking out is a drastic remedy to be exercised cautiously and only against suits that are clearly abuses of process. Even setting aside the disputed contract of employment impugned by the forensic report, the Claimant had adduced other evidence, leaving a viable residual claim deserving of trial. The application therefore failed without determination of the forensic report's validity.

p. 2
02

Whether a criminal investigation could be ordered before the court rules on the disputed forensic evidence

Holding

No; such a prayer is premature while the court has yet to rule on the forensic examiner's opinion

Reasoning

The 2nd Respondent sought referral of the Claimant to the CID for forgery based on the Forensic Documents Examiner's report. The court noted it had not yet made any ruling on that report's admissibility or weight, so ordering a criminal investigation at that interlocutory stage would be premature and misguided. The prayer was refused without prejudice to future consideration.

p. 2

Legal principles established

#
  • Striking out a suit is an extreme summary remedy that should be granted with commensurate caution; a court should preserve cases placed before it and strike out only where the suit is clearly and evidently an abuse of process

Court orders

#
  1. 1.The 2nd Respondent's Notice of Motion dated 5th December 2014 is dismissed
  2. 2.Costs of the application awarded to the Claimant

Authorities

#

Cases cited (1)

  • Jane Wairumu Turanta Vs Githae John Vickery & 2 Others
    [2013] eKLR
Jurisdiction invoked
Not expressly stated; first-instance employment claim before the Employment and Labour Relations Court

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "John Kamau Mburu v Program for Appropriate Technology in Health (PATH) & another [2015] KEELRC 1316 (KLR)", Case Analysis (2015). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1316/eng@2015-03-18

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