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ELRCDismissedNot stated in judgment· [2024] KEELRC 2415 (KLR)

Korir v Lawina Company Limited & 2 others (Cause 536 of 2018) [2024] KEELRC 2415 (KLR)

Employment and Labour Relations Court
4 October 2024
JRJames Rika
646 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan employment court refused to strike out an ID document accused of being forged, ruling forgery claims must be tested through evidence at trial, not preliminary applications.

What this practically means

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Executive summary

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This is an interlocutory ruling of the Employment and Labour Relations Court at Nairobi delivered by James Rika, Judge, on 4th October 2024. The Respondents, through an application dated 12th April 2023 supported by an affidavit of the 2nd Respondent, Peter Lagat, sought two orders: that a document titled 'Claimant's Job/Company ID' appearing at page 18 of the Claimant's documents be struck out from the record, and that it be declared inadmissible. They contended they never issued the document, that it was forged, and that they had reported the forgery at Kilimani Police Station; they also stated the Claimant was a casual employee and that they had never issued Job ID cards to any employee. The Claimant opposed the application through grounds and a replying affidavit, explaining that the Job ID was issued during the 2007/2008 post-election violence to ease his movement to and from work, denying he was a casual employee having worked 11 years, and indicating he would call his then advocate Julie Soweto as a witness. The Court found that the circumstances in which the Job ID card was issued were a triable issue; that whether it was a forgery, whether a report was made to Police, whether the Claimant was prosecuted, and whether forgery was established were all matters for trial; and that a Police report and bare allegations of forgery did not justify expungement. The Court held it would determine the document's reliability and weight after hearing evidence. The application was declined with costs in the cause.

Key legal issues

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Whether a document alleged to be forged should be expunged and declared inadmissible before trial

Holding

The application was declined; forgery and the circumstances of issuance are triable issues to be determined at the hearing with evidence

Reasoning

The Court held that whether the Job ID card is a forgery, whether a forgery report was made to Police, whether the Claimant was prosecuted, and whether forgery is established, are all matters for trial. Parties should be allowed to present their documentary and oral evidence unhindered, and the Court will later decide what weight, if any, to attach to the document.

p. 2

Legal principles established

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  • A report to the Police and bare allegations of forgery do not justify expungement of a document from the record; validity of a document is a matter for trial.
  • It is contrary to the interest of justice to reject a document intended to be used as evidence without giving parties the opportunity to give evidence on its validity.

Court orders

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  1. 1.The application dated 12th April 2023 filed by the Respondents is declined
  2. 2.Costs in the cause
Jurisdiction invoked
Inherent jurisdiction of the Employment and Labour Relations Court over interlocutory applications in a claim pending before it

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, "Korir v Lawina Company Limited & 2 others (Cause 536 of 2018) [2024] KEELRC 2415 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2415/eng@2024-10-04

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.