Kenya National Union of Nurses v Nyamira County Public Service Board [2021] KEELRC 451 (KLR)
The bottom line
#A nurses' union lost its salary claim because it never proved at the hearing which nurses were actually unpaid.
What this practically means
#Executive summary
#Key legal issues
#Evidential burden of proof in employment claims
The Union failed to discharge the evidential burden under sections 107(1) and 108 of the Evidence Act by not producing the names and particulars of the unpaid nurses at the hearing
The facts of the strike and the Return to Work Formula were largely undisputed, but the Union's claim depended on proving which of its members were unpaid. It did not provide the particulars of members whose salaries for June, July and August 2018 were unpaid during the hearing, and instead attempted to introduce the names with submissions. No leave was sought to introduce that evidence, and the Court declined to consider it.
Evidence via submissions
Evidence not tendered during the hearing cannot be sneaked in through submissions
The names and details of the unpaid nurses constituted evidence that had to be proved at the hearing. Because they were filed with submissions after the close of the hearing, and without any application for leave to introduce them, the Court could not consider them. Submissions are argument, not evidence.
Legal principles established
#- Evidence that should have been proved at the hearing cannot be introduced for the first time in submissions, and a party bears the evidential burden under sections 107(1) and 108 of the Evidence Act
Court orders
#- 1.The Cause is dismissed
- 2.Each party to bear its own costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over the Statement of Claim (referenced as a Cause); no specific constitutional provision cited
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Union of Nurses v Nyamira County Public Service Board [2021] KEELRC 451 (KLR)", Case Analysis (2021). Not stated in judgment (Cause filed 25 March 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/451/eng@2021-11-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.