Tourism Promotion Services (Management) Limited v Charles Otieno Ogada [2020] KEELRC 451 (KLR)
The bottom line
#Kenya's Employment Court confirmed that a company can compel Safaricom to release its own M-Pesa records as evidence, even over an employee's privacy objections.
What this practically means
#Executive summary
#Key legal issues
#Validity of the oral amendment to the application made by consent
The consent amendment deleting the mobile number reference is valid and the Respondent is estopped from denying it
The parties recorded consent orders before Ongaya J. amending the application by deleting the reference to the mobile number. No application was made to set aside the consent orders, so the court found the amendment valid and held the Respondent estopped from denying its validity or contesting its effect.
Entitlement to an order for production of M-Pesa statements (third-party discovery)
The Applicant, as owner of the account, is entitled to the certified M-Pesa statements as discovery to present its best evidence and aid the just determination of the dispute
The court adopted the principles in Laiser Communications Ltd v Safaricom Ltd and KCB v Kenya Pipeline on the purpose of discovery as captured in Halsbury's Laws of England. Since the Applicant owns the Account Code and the records would enable it to present its best evidence and assist the court, the Respondent's objections (vagueness, privacy, delay, bad faith) failed and the application succeeded.
Legal principles established
#- Pre-trial discovery is central to litigation and should be limited solely to matters in contention; its function is to provide parties with relevant documentary material before trial to appraise the strengths and weaknesses of their cases, eliminate surprise and reduce the cost of litigation.
Court orders
#- 1.Safaricom Public Company Limited to produce records of M-Pesa statements for Account Holder TPS Head Office, Account Code *****, for the period between 1st January 2011 to 31st December 2015
- 2.Costs of the application shall be in the cause
- Jurisdiction invoked
- Section 20(1) of the Employment and Labour Relations Court Act (general powers of the Court), relied on by the Applicant
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tourism Promotion Services (Management) Limited v Charles Otieno Ogada [2020] KEELRC 451 (KLR)", Case Analysis (2020). Not stated in judgment (ELRC Notice of Motion dated 6th January 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/451/eng@2020-09-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.