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ELRCOtherCause No. E090 of 2025

Wycliffe Otieno Odondi v National Bank of Kenya Limited

Employment & Labour Relations Court of Kenya
21 September 2026
474 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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 Kisumu (Nzioki wa Makau, J) resolves an objection taken by Miss Boyengo, counsel for the Claimant Wycliffe Otieno Odondi, to the line of questioning being pursued by Miss Aduke for the Respondent, National Bank of Kenya Limited, with the Respondent's witness on the stand. Counsel for the Claimant asserted the witness was going beyond his filed statement and bundle of documents. Counsel for the Respondent countered that she was conducting examination-in-chief and was entitled to draw inferences and ask questions to expand and elucidate the testimony, particularly on disciplinary hearing minutes showing a hearing scheduled for 7th July 2025 but actually held on 9th July 2025. The court examined Rule 7(4) and Rule 7(5) of the Employment and Labour Relations Court (Procedure) Rules 2024, which provide that an adopted witness statement constitutes the sufficient evidence-in-chief, requiring only minimal highlighting and document production, and must make sequential reference to filed documents. The court held there is no room to expand the scope of testimony or embellish a statement; allowing parties to amend testimonies at trial would defeat orderly trials and the constitutional intent that parties know the case they are to meet. Noting the Respondent had ample time from filing and service on 7th October 2025 to file a comprehensive statement, the court upheld the objection and directed that the witness, having adopted his statement, proceed to cross-examination. The ruling was dated and delivered at Kisumu on 21st September 2026, with no costs order 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, having adopted his statement, may be led in examination-in-chief beyond the contents of his filed witness statement and bundle of documents

Key legal issues

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01

Scope of examination-in-chief where a witness statement has been adopted under Rule 7(4) and (5)

Holding

The objection was upheld; the witness could not be examined beyond his filed statement and documents, and was to proceed to cross-examination

Reasoning

Rule 7(4) makes the adopted statement the sufficient evidence-in-chief, with only minimal highlighting and document production permitted. Rule 7(5) requires sequential reference to filed documents. Allowing expansion would defeat orderly trials and a party's right to know the case to meet. The Respondent had ample time since filing and service to file a comprehensive statement.

p. 3

Legal principles established

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  • Under Rule 7(4) and (5) of the ELRC (Procedure) Rules 2024, an adopted witness statement stands as evidence-in-chief and a party may not expand or embellish testimony beyond it at trial

Court orders

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  1. 1.Objection by Counsel for the Claimant upheld
  2. 2.The Respondent's witness, having adopted his statement, is subject to cross-examination in terms of Rule 7(4) and (5) of the Employment and Labour Relations Court (Procedure) Rules 2024, unless Counsel has any other relevant question

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, Rule 7(4) and 7(5)

Relief refused

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Respondent's request to expand/elucidate its witness's testimony in examination-in-chief beyond the filed statement

Rule 7 of the ELRC Procedure Rules 2024 leaves no room to expand or embellish a witness statement; evidence is not a moving target

p. 3

Costs

No costs order 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.

Evidence is not a moving target and therefore the requirements to file comprehensive statements in terms of the Rules cannot be overemphasized.
p. 3finality of adopted witness statements
Unless Counsel has any other relevant question, the witness having adopted his statement is subject to cross-examination in terms of Rule 7(4) and (5) of the Employment and Labour Relations Court (Procedure) Rules 2024.
p. 3disposition - witness to proceed to cross-examination

Issues in the judgment

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minor

Delivery date appears inconsistent with case timeline

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, "Wycliffe Otieno Odondi v National Bank of Kenya Limited", Case Analysis (2026). Cause No. E090 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2501/eng@2026-09-21

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