Murunga v Bandari Savings Cooperative Society (Cause 387 of 2018) [2023] KEELRC 2936 (KLR)
The bottom line
#A Kenyan employment court struck out documents an employer filed too late, confirming that parties cannot add new evidence after a case closes without court permission.
What this practically means
#Executive summary
#Key legal issues
#Whether documents filed after closure of pleadings and without the Court's leave, and which were not on record when the Claimant closed his case, can be admitted
The Court allowed the Claimant's application and struck out/expunged the Respondent's further and further further lists of documents from the record, holding that admitting them would be highly prejudicial to the Claimant.
The Court noted that the matter is from 2018, the Claimant's case was long heard and closed, and judgment had been delivered on 19/9/2019. When the Respondent applied to set aside the judgment and re-open its case, it did not seek setting aside of the proceedings leading to the judgment. Those proceedings remain intact. Introducing new evidential documents not on record when the Claimant testified would fundamentally alter the character of the case and prejudice the Claimant, consistent with the authority in Johana Kipkemoi Too v Hellen Tum, which warned of unfairness and violation of Article 50(1) of the Constitution.
Legal principles established
#- A party whose case has been re-opened by consent cannot introduce new evidential documents that were not on record when the opposing party testified and closed its case, as this would be highly prejudicial and unfair
Court orders
#- 1.The Respondent's further list of documents dated 16/9/2020 and a further further list of documents dated 30/3/2021 are struck out and expunged from the Court's record
- 2.The suit shall forthwith be set down for defence hearing
- Jurisdiction invoked
- Original employment and labour relations jurisdiction; inherent powers to strike out and expunge documents filed without leave
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Murunga v Bandari Savings Cooperative Society (Cause 387 of 2018) [2023] KEELRC 2936 (KLR)", Case Analysis (2023). Cause No 387 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2936/eng@2023-11-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.