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ELRCOtherNot stated in the judgment

Okudho v SS Mehta and Sons Limited (Cause E055 of 2023) [2025] KEELRC 1427 (KLR)

Employment and Labour Relations Court of Kenya
13 May 2025
541 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 witnesses can give rebuttal evidence on an opponent's documents, even if their written statement never mentioned them.

What this practically means

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Executive summary

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This is an interlocutory ruling by Nzioki wa Makau J of the Employment and Labour Relations Court at Kisumu, delivered on 13 May 2025, determining an objection taken by counsel for the Claimant (Mr. Oriwa) to a line of questions put to the Respondent's witness, Mr. Arif Khan. The objection concerned the provenance of documents availed by the Claimant in a bundle filed pursuant to the court's directions of 20 March 2025, which were issued to ensure compliance with a ruling by Radido J of 22 May 2024. Mr. Oriwa submitted that the witness's written statement did not advert to the documents and that examination in chief is limited to the testimony in the statement, latitude being available only on cross-examination. Mr. Gachau for the Respondent countered that the Respondent is entitled to rebut the documents filed in March 2025 through its witness. The court held that the ELRC (Procedure) Rules, 2024, in force since 16 August 2024, do not bar receipt of such evidence; that a witness may only speak to what he knows or has direct knowledge of; and that the Respondent's witness is the proper party to testify, by way of rebuttal, on the documents the Respondent has availed. The objection was overruled, the witness's answer - that the document is not from the Respondent - remains on record, and examination in chief was to continue. The court urged the Respondent to move on as that area had been covered. 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 Respondent's witness may testify, by way of rebuttal, on documents availed by the Claimant in a bundle filed pursuant to the court's directions of 20 March 2025, where the witness's written statement did not address those documents

Key legal issues

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01

Whether examination of the Respondent's witness on the provenance of documents in the Claimant's bundle is permissible despite the witness's written statement not adverting to them

Holding

Yes - the witness may testify in rebuttal on documents the Respondent has availed, and the ELRC (Procedure) Rules, 2024 do not bar receipt of such evidence

Reasoning

The objection was grounded on the principle that examination in chief is confined to the written statement. The court held that the Respondent is entitled to rebut documents filed by the Claimant pursuant to the court's directions, and the Respondent's own witness is the proper person to speak to those documents, subject to the witness having direct knowledge. The questions had already been answered and the answer stands on the record, though the court urged the Respondent to move on as the area was covered.

p. 2

Legal principles established

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  • A witness may testify by way of rebuttal to documents filed by the opposing party pursuant to court directions where the receipt of such evidence is not barred by the applicable procedural rules
  • A witness can only speak to that which he knows or has direct knowledge of

Court orders

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  1. 1.Objection overruled
  2. 2.The testimony adduced by the Respondent's witness on the provenance of the documents remains part of the record
  3. 3.Examination in chief to continue
  4. 4.Court urged the Respondent to move on since that area has been covered

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court (Procedure) Rules, 2024; matter pending before the ELRC following directions of Radido J. of 22 May 2024

Relief refused

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Claimant's objection to questions put to Respondent's witness Mr. Arif Khan regarding the Claimant's document bundle

The applicable court rules do not bar receipt of the rebuttal evidence, and the Respondent's witness is the proper party to testify on the documents the Respondent has availed

p. 2

Costs

No order as to costs made

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 mindful that a person can only speak of that which he knows or has direct knowledge of.
p. 2Witness competence - personal knowledge
As the foregoing foreshadows, the Objection is overruled and the testimony adduced on that point by Respondent's witness remains as part of the record. Examination in chief to continue.
p. 2Final orders - objection overruled

Issues in the judgment

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minor

The name of the claimant and respondent and the case number are not disclosed in the judgment; parties are referred to only as 'Claimant' and 'Respondent'

minor

The judgment refers to 'my brother Radido J.' whose ruling of 22nd May 2024 was directed to be complied with, but the underlying case number is not given

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, "Okudho v SS Mehta and Sons Limited (Cause E055 of 2023) [2025] KEELRC 1427 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1427/eng@2025-05-13

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