Musee v International School of Kenya Ltd (Cause 60 of 2020) [2024] KEELRC 608 (KLR)
The bottom line
#A Kenyan employment court allowed a teacher to add new evidence mid-trial, confirming that fair hearing rights outweigh strict pre-trial timelines.
What this practically means
#Executive summary
#Key legal issues
#Whether leave should be granted to adduce additional evidence in a first-instance trial after directions have been given
Leave granted; the evidence was relevant, within the Respondent's knowledge, and the applicant could not have obtained it earlier with reasonable diligence; no prejudice demonstrated.
The court affirmed its discretion under Order 11 and Order 18 Rule 10 of the Civil Procedure Rules and Section 146 of the Evidence Act to allow further witnesses and documents even after pre-trial, to secure the fair hearing guaranteed by Article 50. The material was known to the Respondent, which could cross-examine and file rebuttal evidence. Other than the parties' own delays, no prejudice was shown. The applicant could not have obtained the evidence earlier except through a third party.
Whether the Mohamed Abdi Mohamed guidelines govern admission of additional evidence at trial
They do not; they relate to appellate, not trial, admission of evidence.
The Respondent relied on the Supreme Court's guidelines in Mohamed Abdi Mohamed to resist admission of the evidence. The court distinguished those guidelines as applicable to evidence on appeals, whereas the instant matter was before the trial court, where the overriding consideration is a fair hearing for both parties.
Legal principles established
#- The court's discretion to allow additional evidence is intended to facilitate a fair hearing and must be exercised fairly to both parties, including according the other party an opportunity to adduce controverting evidence.
- The Supreme Court's Mohamed Abdi guidelines on additional evidence apply to evidence on appeals, not to trial courts.
Court orders
#- 1.Leave granted to the Claimant to adduce and rely upon further additional evidence by way of the Claimant's Further Supplementary Witness Statement, additional witness statement by Patriciah Newmyer and further supplementary list of documents all dated 23rd November, 2023
- 2.No orders as to costs
- Jurisdiction invoked
- Section 3(1), (3) and 20 of the Employment and Labour Relations Court Act; Sections 1A, 1B, 3A and 22 of the Civil Procedure Act; Order 50 Rule 6 of the Civil Procedure Rules; Articles 50(1) and 159(2) of the Constitution of Kenya, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Musee v International School of Kenya Ltd (Cause 60 of 2020) [2024] KEELRC 608 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/608/eng@2024-03-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.