Kenya National Private Security Workers Union v G4S Kenya Limited (Employment and Labour Relations Cause 587 of 2019) [2025] KEELRC 1433 (KLR)
The bottom line
#Kenya's Employment Court confirmed that electronic documents cannot be used in court without a certificate, and threw out the uncertified documents entirely.
What this practically means
#Executive summary
#Key legal issues
#Admissibility of electronic records produced without a certificate of electronic evidence
The impugned documents were inadmissible for want of a certificate under section 106B(4); the objection was upheld and the documents expunged.
The court examined sections 65(5) and (6) and 106B of the Evidence Act, which permit computer print-outs and electronic records to be admitted without production of the original only where statutory conditions are satisfied, including a certificate identifying the electronic record, describing its production, and signed by a person in a responsible position. Relying on Ogembo v Yongo and other authorities, the court found the Respondent sought to produce the documents without any such certificate. It held the requirement mandatory, aimed at vouchsafing the authenticity and integrity of electronic records, and accordingly expunged the documents.
Legal principles established
#- Electronic documents are only admissible if accompanied by a certificate under section 106B(4) of the Evidence Act, in both civil and criminal proceedings except where statute excludes strict rules of evidence.
Court orders
#- 1.Upheld the Claimant's objection to the production of the impugned documents
- 2.Expunged the said documents from the record
- 3.Granted the Respondent liberty to proceed minus the said documents
- 4.Costs in the cause
- Jurisdiction invoked
- Not expressly stated; matter proceeding under the Evidence Act (Cap 80) in an employment dispute
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Private Security Workers Union v G4S Kenya Limited (Employment and Labour Relations Cause 587 of 2019) [2025] KEELRC 1433 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1433/eng@2025-05-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.