Okudho v S.S. Mehta & Sons Ltd (Cause E055 of 2023) [2024] KEELRC 1202 (KLR)
The bottom line
#A Kenyan employment court allowed a late-filing worker to add only six relevant documents, and made him pay costs for missing earlier directions.
What this practically means
#Executive summary
#Key legal issues
#Admissibility of further documents after close of pleadings and non-compliance with directions
The Court exercised discretion to admit only those documents relevant to the causes of action, being business records of the Respondent that would not prejudice it, and rejected the rest.
The Claimant had earlier been granted leave to file further documents but did not comply, and later sought to introduce 21 documents relying on Articles 50 and 159(1)(d). The Court screened the documents for relevance to the claim of unfair termination and breach of contract from 13 June 2022, concluding most predated June 2022 and were inadmissible, while six documents were Respondent business records causing no prejudice.
Invocation of Articles 50 and 159(1)(d) to justify late filing without leave
The Claimant's reliance on fair hearing rights and the overriding objective did not secure admission of all documents; compliance with directions remained a hallmark of fair hearing.
The Respondent contended that pre-trial directions are part of fair hearing under Article 50, and a party who failed to comply after being indulged could not invoke the right to a fair hearing. Although the Judgment does not expressly state its conclusion on the constitutional argument, it disposed of the application by admitting only the relevant, non-prejudicial documents and awarding costs against the Claimant.
Legal principles established
#- Relevant documents kept by a party in the ordinary course of business that do not prejudice its case may be admitted even after close of pleadings
Court orders
#- 1.The Court allowed the introduction of documents serial numbers 16–20 and 22 filed on 11 January 2024
- 2.The Claimant to pay the Respondent costs assessed at Kshs 4,500/- within 10 days
- Jurisdiction invoked
- Employment and Labour Relations Court original jurisdiction over unfair termination and breach of contract claims
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Okudho v S.S. Mehta & Sons Ltd (Cause E055 of 2023) [2024] KEELRC 1202 (KLR)", Case Analysis (2024). Not stated (ELRC Cause, Kisumu). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1202/eng@2024-05-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.