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ELRCOtherNot stated in the judgment

Muendo v Eurocity Hospital Kisumu & another (Cause E007 of 2024) [2024] KEELRC 1208 (KLR)

Employment and Labour Relations Court
20 May 2024
RSRADIDO STEPHEN
477 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~2 min to read original · ~4 min brief

The bottom line

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A Kenyan employment court confirmed phone recordings can be used as evidence, if you file a certificate describing the devices and a transcript.

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 Kisumu delivered virtually on 20 May 2024 by Radido Stephen, J, arising during the examination-in-chief of the Claimant, Magdalene Muendo. The Claimant sought to introduce into evidence electronic recordings contained on a compact disc which she had made using her mobile phone. The Respondents objected, relying on section 106 of the Evidence Act, contending that the recordings were inaudible and that there was no evidence that the phone and computer from which the recordings were extracted were in good working condition, citing two authorities in support. The Claimant replied that the objection should have been raised at pre-trial and that a certificate under section 106B of the Evidence Act had been filed and served, setting out the phone's make and serial number, the make of the computer used for extraction, and confirming both devices were in good working condition and that she owned the phone and made the recordings. The Court set out the conditions in section 106B, including lawful control of the device, regular feeding of information, proper operation of the computer, and a certificate identifying the record and devices signed by the person responsible for their operation. The Court was satisfied the compact disc met the criteria for admission as electronic evidence but directed that the Claimant prepare and file a transcript of the recording. No costs order was made.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the electronic recordings/compact disc made by the Claimant using her mobile phone meet the conditions for admission as electronic evidence under section 106B of the Evidence Act
  2. 2.Whether the Respondents' objection, that the recordings were inaudible and that the condition of the phone/computer was unproven, should be upheld

Key legal issues

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01

Admissibility of electronic recordings under section 106B of the Evidence Act

Holding

The compact disc satisfied the statutory criteria for admission as electronic evidence, subject to the filing of a transcript

Reasoning

Section 106B requires that the computer output was produced under the lawful control of the party, the information was regularly fed into the device in the ordinary course of activities, the computer was operating properly, and a certificate identifying the electronic record and device be provided. The Claimant's certificate gave the phone brand and serial number, the computer's make and serial number, stated her ownership of the phone, and confirmed both devices were in good working condition, satisfying the section.

p. 2

Legal principles established

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  • Electronic recordings are admissible under section 106B of the Evidence Act where a certificate identifies the electronic record, the device used, and confirms the devices were in good working condition

Court orders

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  1. 1.The compact disc/electronic recordings are admitted as electronic evidence, subject to conditions
  2. 2.The Claimant to prepare and file in Court a transcript of the recording

The bench

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One judgment of the whole court — no separate or dissenting opinions.

RS
majority

Wrote the judgment

Jurisdiction invoked
First-instance employment and labour relations matter before the Employment and Labour Relations Court; specific provision not stated in the judgment

Relief refused

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Unconditional admission of the recordings without a transcript

Admission was made conditional on the filing of a transcript of the recording

p. 2

Costs

No costs order made in the judgment

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

the Court is satisfied that the compact disc meets the criteria for admission as electronic evidence, save that the Claimant should prepare and file in Court a transcript of the recording
p. 2Final orders - conditional admission of electronic evidence
Section 106B of the Evidence Act provides the conditions to be met before the contents of an electronic recording can be admitted into evidence
p. 1Statutory test for admissibility of electronic recordings
the section also requires that a party intent on producing the electronic recording should provide a Certificate identifying the electronic record and how it was produced
p. 2Certificate requirement

Issues in the judgment

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minor

The case number and full names of the Respondents are not stated in the judgment text provided

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, "Muendo v Eurocity Hospital Kisumu & another (Cause E007 of 2024) [2024] KEELRC 1208 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1208/eng@2024-05-20

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