Mavisi v Kenya Revenue Authority [2023] KEELRC 1418 (KLR)

Mavisi v Kenya Revenue Authority (Employment and Labour Relations Cause 1725 of 2017) [2023] KEELRC 1418 (KLR) (29 May 2023) (Ruling)

Neutral citation: [2023] KEELRC 1418 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Employment and Labour Relations Cause 1725 of 2017

Nzioki wa Makau, J

May 29, 2023

Between

Joyce Mideva Mavisi

Claimant

and

Kenya Revenue Authority

Respondent

Ruling

1. Objection is taken to the line of questions that Mr Othim for the Claimant is taking in the re-examination of the Claimant. Mr Muhoro for the Respondent asserts that there are new issues being introduced and as such be objects to that line of questioning.

2. Mr Othim in his reply states that the issue of documents did arise in both the examination in chief and cross-examination as well as the pleadings. He urges the court to disallow the objection.

3. The Respondent’s counsel asserts the issue did not arise at all in either cross-examination nor in examination in chief.

4. The court has pored over the record and has not come across any point at examination in chief or on cross examination that the issue of non-supply of documents was raised. Indeed, the Claimant spoke at length about the tribulations she asserts were brought to bear by the termination of the contract and the negative publicity around it. As such the objection taken is merited as far as the court can see as no mention was made on testimony before the Court about documents not being availed. Objection is thus upheld and re-examination is to go on with this in mind.

It is so ordered.

DATED AND DELIVERED AT NAIROBI THIS 29TH DAY OF MAY 2023NZIOKI WA MAKAUJUDGE