Muchiri v Pernod Ricard Kenya Limited (Cause E198 of 2022) [2024] KEELRC 1322 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Admissibility of documents allegedly obtained in breach of privacy/confidentiality under Article 50(4)
Exclusion requires the applicant to show the evidence was obtained through an unjustified violation of a right AND that admission would render the trial unfair or be detrimental to the administration of justice; mere assertion of confidentiality is insufficient.
The court applied Article 50(4) and Ogolla Okoth, holding that an unqualified rule excluding improperly obtained evidence would dilute the Constitution. The respondent only asserted that the documents were irrelevant and intended to publicise its affairs, and did not demonstrate concrete injury to its business interests, so exclusion was not warranted.
Filing of supplementary documents without leave after close of pleadings
Although leave ought to have been sought, the court admitted the documents in light of Article 159(2)(d) and rule 25(4) of the ELRC Rules, which require justice without undue regard to procedural technicalities; also the documents were served 74 days before the application was filed.
The claimant acknowledged leave was not obtained but urged the court to adopt the documents, served in good time. Citing Article 159(2)(d) and rule 25(4), counsel argued the mistake of counsel should not be visited on the client. The court admitted the documents given timely service and the over-riding objective.
Whether the documents were confidential/proprietary and injurious if disclosed
The court found the documents to be largely work-related emails and financial statements which are publicly accessible statutory filings; the applicant failed to demonstrate how disclosure would be injurious.
The court perused the documents, finding work emails concerning work issues and financial statements that are filed annually with the Registrar of Companies and accessible by the public. The applicant did not go the extra mile to demonstrate injury to its business, so the confidentiality objection failed.
Legal principles established
#- Evidence obtained in violation of a Bill of Rights right is excluded under Article 50(4) only if the party seeking exclusion demonstrates that its admission would render the trial unfair or be detrimental to the administration of justice.
- Article 35 access to information concerns state-held information; information held by private individuals or corporations is governed by private arrangements such as employment confidentiality clauses.
Court orders
#- 1.The application dated 18th September 2023 is dismissed with costs
- Jurisdiction invoked
- Article 50(4) of the Constitution and Order 11 of the Civil Procedure Rules, 2020; ELRC Rules (rule 25(4)) and Article 159(2)(d) invoked on admissibility and case management
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muchiri v Pernod Ricard Kenya Limited (Cause E198 of 2022) [2024] KEELRC 1322 (KLR)", Case Analysis (2024). Not stated in the extract provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1322/eng@2024-05-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.