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ELRCAllowedNot stated in judgment

Kenya National Private Security Workers Union v G4S Kenya Limited (Employment and Labour Relations Cause 587 of 2019) [2025] KEELRC 1433 (KLR)

Employment and Labour Relations Court
20 May 2025
2,233 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This is an interlocutory ruling of the Employment and Labour Relations Court at Nairobi, delivered virtually by Hellen Wasilwa J on 20 May 2025, determining an objection raised by the Claimant to the production of certain documents by the Respondent. The court set out the statutory framework governing electronic evidence, quoting sections 65(5) and (6) and 106B of the Evidence Act, which permit computer print-outs and electronic records to be admitted without proof of the original only where specified conditions are met, including production of a certificate identifying the electronic record, describing its production and signed by a person occupying a responsible position in relation to the device or activities. The court then reviewed a line of authorities including Ogembo v Yongo, Republic v Barisa Wayu Matuguda, Benson Mugatsia v Cornel Rasanga Amater, John Lokitare Lodinyo v IEBC, County Assembly of Kisumu v Kisumu County Assembly Service Board, and Richard Nyagaka Tong'i v IEBC, all of which treat the certificate requirement as mandatory. Finding that the Respondent sought to produce the impugned documents without any certificate of electronic evidence, the court held them inadmissible, upheld the Claimant's objection, expunged the documents from the record, allowed the Respondent to proceed without them, and awarded costs in the cause.

Questions the Court framed

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

  1. 1.Whether documents sought to be produced by the Respondent without a certificate of electronic evidence are admissible under sections 65(5)-(6) and 106B of the Evidence Act

Key legal issues

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01

Admissibility of electronic records produced without a certificate of electronic evidence

Holding

The impugned documents were inadmissible for want of a certificate under section 106B(4); the objection was upheld and the documents expunged.

Reasoning

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.

p. 6

Legal principles established

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  • 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

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  1. 1.Upheld the Claimant's objection to the production of the impugned documents
  2. 2.Expunged the said documents from the record
  3. 3.Granted the Respondent liberty to proceed minus the said documents
  4. 4.Costs in the cause

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Not expressly stated; matter proceeding under the Evidence Act (Cap 80) in an employment dispute

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.

I therefore uphold the Claimant’s objection and expunge the said documents ofi the record. The Respondents are free to proceed minus the said documents. Costs in the cause.
p. 6Final orders - expungement of inadmissible electronic documents
It is evidently clear that electronic documents must be accompanied by a certificate in terms of section 106 B (4) of the Evidence act for them to be deemed admissible. There is no other way out.
p. 6Mandatory certificate requirement for electronic evidence
This is a requirement in civil and criminal cases before courts, except in matters where statutes exclude the application of strict rules of evidence such as the Small Claims Court or specific tribunals.
p. 6Scope of the certificate requirement

Issues in the judgment

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minor

Case title, case number and neutral citation are not stated in the judgment text provided.

minor

The court refers to the singular 'Respondent' in its reasoning but the final orders use 'Respondents'.

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 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.