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ELRCDismissedNot stated in the judgment as provided· [2025] KEELRC 1301 (KLR)

Kenya Union of Domestic Workers, Educational Institutions & Allied Workers v Musyoka (Cause E140 of 2025) [2025] KEELRC 1301 (KLR)

Employment and Labour Relations Court
8 May 2025
1,350 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A union's bid to silence alleged Facebook defamation failed because it presented social media screenshots without the certificate Kenyan law requires for electronic evidence.

What this practically means

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Executive summary

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KUDHEIHA sued Dorcas Mbeke Musyoka claiming she had defamed the Union and its Secretary-General on Facebook, and moved the Court under a Motion dated 26 February 2025 for a temporary injunction restraining the Respondent from publishing defamatory words against the Union, its Secretary-General Albert Njeru Obed and the Union's Accountant Joseph Nelson Ndungu pending the hearing of the main suit. The Respondent filed Grounds of Opposition asserting the application was bad in law for want of compliance with the Evidence Act and that there was no proper Claimant, and in submissions contended that the electronic evidence relied on did not meet the threshold in sections 106A and 106B of the Evidence Act, and that the suit harassed her and violated her rights to fair labour practices and fair administrative action. KUDHEIHA maintained it had produced only extracts of defamatory words not subject to section 106B and had made out a prima facie case. The Court held that extracts of electronic publications fall within section 106B of the Evidence Act and are only admissible if the statutory conditions, including a certificate, are met; KUDHEIHA had not complied. It therefore concluded that no prima facie case had been established. However, the Court rejected the objection that there was no proper Claimant, holding that a corporate body may sue for defamation. The Motion was dismissed with costs on 8 May 2025.

Key legal issues

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01

Admissibility of electronic/social media extracts under sections 106A and 106B of the Evidence Act

Holding

The extracts of the alleged defamatory Facebook publications were subject to section 106B and, in the absence of a certificate and proof of the conditions in subsection (2), were inadmissible

Reasoning

KUDHEIHA argued the extracts were merely extracts of defamatory words outside section 106B. The Court held the legal position to the contrary: extracts of electronic publications can only be admissible and proved if the strictures of section 106B, including the certificate by a person in a responsible position, are satisfied. KUDHEIHA did not comply, so the evidence was not admissible.

p. 4
02

Whether a prima facie case was established for an interlocutory injunction

Holding

Without admissible evidence of the alleged defamatory publications, no prima facie case was established and the injunction could not issue

Reasoning

The claim of defamation rested on the Facebook extracts, which were inadmissible for want of compliance with section 106B. Having failed to place admissible evidence before the Court, KUDHEIHA could not demonstrate a prima facie case with a probability of success at the interlocutory stage, and the temporary injunction was refused.

p. 4
03

Whether there was a proper Claimant

Holding

The objection failed because a corporate body may sue for defamation

Reasoning

The Respondent's Grounds of Opposition contended there was no proper Applicant/Claimant. The Court rejected this, holding that the law allows a corporate body to sue for defamation, so KUDHEIHA was properly before the Court as Claimant notwithstanding its corporate nature.

p. 4

Legal principles established

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  • Extracts of alleged defamatory words printed from social media are electronic evidence subject to section 106B of the Evidence Act and are only admissible if the requirements of that section are fulfilled
  • A corporate body may sue for defamation

Court orders

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  1. 1.The Motion dated 26 February 2025 is dismissed with costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over the dispute between the Union and the Respondent (Issue in Dispute stated in the Memorandum of Claim); no specific constitutional or statutory provision cited.

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, "Kenya Union of Domestic Workers, Educational Institutions & Allied Workers v Musyoka (Cause E140 of 2025) [2025] KEELRC 1301 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1301/eng@2025-05-08

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