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ELRCPartially AllowedNot stated (ELRC Cause, Kisumu)· [2024] KEELRC 1202 (KLR)

Okudho v S.S. Mehta & Sons Ltd (Cause E055 of 2023) [2024] KEELRC 1202 (KLR)

Employment and Labour Relations Court
22 May 2024
505 words in judgment
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The bottom line

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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

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Executive summary

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The Claimant, William Otieno Okudho, sued S.S. Mehta & Sons Ltd for unfair termination of employment and breach of contract, alleging he was assigned duties as a Material Store Keeper from 13 June 2022 without attendant remuneration. At directions on 5 October 2023 he was granted leave to file further documents by 19 October 2023 but did not comply. When the Cause came up for hearing on 1 February 2024 the Claimant and his advocate were absent and the Cause was dismissed on the Respondent's application; it was reinstated on 19 March 2024 with hearing fixed for 25 April 2024. On the hearing date the Claimant applied to have 21 documents filed on 11 January 2024 allowed into the record, relying on Articles 50 and 159(1)(d) of the Constitution. The Respondent opposed, arguing that compliance with pre-trial directions is part of the fair hearing guaranteed by Article 50, that the Claimant had been indulged and failed to comply, and that he had not sought leave to file the documents late. The Court screened the documents for relevance, observing that most related to the pre-June 2022 period, and found only serial numbers 16–20 and 22 relevant to the causes of action. Being records kept by the Respondent in the ordinary course of business, their admission would not prejudice it. The Court admitted only those six documents and ordered the Claimant to pay the Respondent costs assessed at Kshs 4,500/- within 10 days. Judgment delivered virtually and signed in Kisumu on 22 May 2024 by Radido Stephen, Judge.

Key legal issues

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01

Admissibility of further documents after close of pleadings and non-compliance with directions

Holding

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.

Reasoning

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.

p. 2
02

Invocation of Articles 50 and 159(1)(d) to justify late filing without leave

Holding

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.

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 1.The Court allowed the introduction of documents serial numbers 16–20 and 22 filed on 11 January 2024
  2. 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

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Practical implications

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Frequently asked questions

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Cite this brief

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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.