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ELRCOtherNot stated in the judgment· [2025] KEELRC 2266 (KLR)

Musee v Local Authorities Provident Fund Board & another (Cause E014 of 2024) [2025] KEELRC 2266 (KLR)

Employment and Labour Relations Court
31 July 2025
851 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled that relevant evidence stays in, even where it contains personal data, as long as it is properly redacted.

What this practically means

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Executive summary

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This interlocutory ruling of the Employment and Labour Relations Court at Nairobi, delivered by Linnet Ndolo J on 31 July 2025, determined the Respondents' notice of objection dated 15 April 2025 seeking to bar production of 140 LAPFUND admission forms listed in the Claimant's list of documents. The Respondents argued that the forms unnecessarily revealed personal and sensitive data of the 1st Respondent's pension members and their families contrary to Article 31 of the Constitution and the Data Protection Act, failed the admissibility test under Section 35 of the Evidence Act as they did not relate to facts in issue, and should be expunged in limine. The Claimant countered that the forms were crucial evidence of his satisfactory performance, since his summary dismissal was founded on poor performance in recruiting new LAPFUND members and he disputed the Respondent's assertion that he recruited only 30 members from the County Government of Makueni. He relied on Adan v Premier Bank Kenya on redaction and offered to redact all personal identifying information including contacts and identification numbers. The Court found that the forms were necessary for a fair determination of the dispute given the contested recruitment figures, and that the Claimant's offer of redaction allayed privacy concerns. The objection was overruled with costs in the cause, conditional on provision of redacted versions of the forms.

Key legal issues

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01

Relevance and necessity of the admission forms as documentary evidence

Holding

The forms are necessary for a fair determination because the Claimant contests the recruitment figures given by the Respondent and his dismissal was for poor performance on recruitment targets

Reasoning

The Claimant's employment was terminated on the ground of poor performance, specifically failure to meet recruitment targets. The Claimant disputes the Respondent's recruitment figures. Documentary evidence contradicting those figures goes directly to facts in issue and is therefore relevant and necessary for a fair hearing.

p. 3
02

Right to privacy versus right to a fair hearing

Holding

Privacy concerns are resolved by redaction of personal identifying information rather than exclusion of the evidence

Reasoning

The Respondents objected that the forms revealed personal and sensitive data of pension members and their families contrary to Article 31 of the Constitution and the Data Protection Act. The Claimant offered to redact contact information and identification numbers, allaying fears of breach while preserving the probative value of the documents.

p. 3

Legal principles established

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  • Where personal data in documentary evidence can be protected through redaction, the court may admit the evidence subject to compliance with a redaction condition

Court orders

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  1. 1.The Respondents' notice of objection is overruled
  2. 2.The Claimant is to provide redacted versions of the 140 LAPFUND admission forms, removing all personal identifying information relating to pensioners, including contact information and identification numbers
  3. 3.Costs of the objection in the cause
Jurisdiction invoked
Not stated in the judgment (interlocutory ruling in an employment claim before the Employment and Labour Relations Court)

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, "Musee v Local Authorities Provident Fund Board & another (Cause E014 of 2024) [2025] KEELRC 2266 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2266/eng@2025-07-31

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