Mativo v KCB Bank Kenya Limited (Cause E001 of 2021) [2025] KEELRC 628 (KLR)
The bottom line
#Kenya's Employment Court ruled that evidence objections must be raised at the pre-trial conference stage, or they will be too late at trial.
What this practically means
#Executive summary
#Key legal issues
#Timing of evidentiary objections and the purpose of pre-trial conferencing
The objection was mistimed and could not be entertained because it ought to have been raised at the pre-trial conference and no sufficient reason was given for the omission
The Court held that pre-trial conferencing exists to identify contested documents and issues, giving effect to Article 159's command of expeditious justice. Allowing a party to raise for the first time at trial an objection not raised at pre-trial would diminish the purpose of the mechanism. The pre-trial conference of 21st September 2021, attended by the Claimant's Counsel, recorded no objection to the documents.
Applicability of criminal evidence precedents to civil/employment proceedings
The criminal decisions on voluntariness of statements are inapplicable because the trial-within-a-trial procedure is foreign to civil proceedings
The Court distinguished the interplay of the Evidence Act with criminal proceedings from its interplay with civil proceedings. The Claimant had the statements since service, never alleged in testimony that they were involuntarily given, and thereby deprived the Respondent of the chance to cross-examine him on that assertion; the point was an afterthought.
Production of CCTV footage under section 106B of the Evidence Act
RW1, who explained how he accessed the footage and provided a certificate of electronic evidence, could produce it; the objection rested on an impermissibly narrow reading of section 106B
The Court found the Claimant gave no sufficient explanation why RW1, holding a certificate of electronic evidence and given his investigative role in the Respondent bank, could not produce the CCTV footage and flash disk. The objection was based on a narrow interpretation of section 106B regarding the person in a responsible position in relation to the device.
Legal principles established
#- A party who fails to raise a document objection at the pre-trial conference cannot be permitted to raise it during trial without sufficient explanation
- Criminal-case evidence rules on admissibility of accused persons' statements (trial within a trial) do not apply in civil proceedings
Court orders
#- 1.The objection by Counsel for the Claimant to the production of the documents is declined for lacking merit
- 2.The witness shall produce the documents during the next hearing, on a date to be given by the Court
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction; ELRC Procedure Rules 2016 (replaced by the 2024 Rules); Article 159 of the Constitution invoked on expeditious dispensation of justice
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mativo v KCB Bank Kenya Limited (Cause E001 of 2021) [2025] KEELRC 628 (KLR)", Case Analysis (2025). Cause No E001 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/628/eng@2025-02-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.