Universities Academic Staff Union (UASU) v University of Nairobi; Cabinet Secretary, Ministry of Education & 3 others (Interested Parties) (Petition E069 of 2020) [2023] KEELRC 2187 (KLR)
The bottom line
#The Employment Court refused to strike out UASU's evidence in its dispute with the University of Nairobi, confirming uncertified, sealed document copies are admissible.
What this practically means
#Executive summary
#Key legal issues
#Admissibility of uncertified documents annexed to affidavits
Certification is not a requirement for annexures; the only requirement is sealing and marking for identification
Reading the Oaths and Statutory Declarations Act, the court held affidavits are sworn by those who can depone to facts or information and belief with disclosed sources. Where annexures are attached, certified true copies are unnecessary; the exhibits need only bear the Commissioner for Oaths' seal and be marked for identification. The offence would be to annex unmarked exhibits.
Whether the impugned documents were illegally or unlawfully obtained under the Access to Information Act
The documents were not illegally obtained; Njonjo Mue was distinguished
The court found the documents comprised memos and correspondence authored by or concerning the 34 aggrieved staff who are parties to the suit. Unlike Njonjo Mue, where the applicant held internal IEBC memos, the present case concerns terms of service of serving staff who are the Petitioner's members. The court termed the application an attempt to suppress documents authored by the Respondent itself.
Data protection and privacy objections to production of payroll and staff/student personal data
References to other staff in the documents do not bar their production in the suit
The court held that the fact the Petitioner possessed internal memos and correspondence with public hospitals did not detract from the documents' weight. Documents referring to other staff are not thereby prohibited from production. Redaction of patient details had been undertaken in line with accepted practice.
Legal principles established
#- There is no requirement that certified true copies be produced for annexures to an affidavit; copies only need to be sealed by the Commissioner for Oaths and marked for identification
- Documents authored and signed by the parties' own members, even if referring to other staff, are not illegally obtained evidence and are not prohibited from production
Court orders
#- 1.The Respondent/Applicant's Notice of Motion dated 30th May 2023 is dismissed with costs to the Petitioner
- 2.Directions to be given as to the disposal of the suit after the Ruling
- Jurisdiction invoked
- Original employment and labour relations jurisdiction (petition concerning clinical allowances of academic staff); no specific provision cited
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Universities Academic Staff Union (UASU) v University of Nairobi; Cabinet Secretary, Ministry of Education & 3 others (Interested Parties) (Petition E069 of 2020) [2023] KEELRC 2187 (KLR)", Case Analysis (2023). Petition No E069 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2187/eng@2023-09-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.