Population Services Kenya v Watende & 2 others (Civil Application E084 of 2022) [2023] KECA 36 (KLR) (3 February 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 36
- Citation
- [2023] KECA 36 (KLR)
- Decided
- 3 February 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to adduce new evidence in the appeal from the judgment of the Employment and Labour Relations CourtCoramP O KIAGE, F TUIYOTT, JOEL NGUGI
Holding
The application is denied.
Facts
Population Services Kenya filed a suit against Jeremiah Makore Wetende, Michael Karani Gakuya, and James Mwangi Muchiri for wrongful and unfair termination from employment. The respondents filed similar suits against the appellant.
Issues
- whether the performance of the three claimants for the period of Jan
Reasoning
The court found that the application was untimely and that the evidence sought to be adduced was all along available to the appellant. The court also noted that the power given by Rule 29 should be exercised very sparingly and with great caution.
Outcome
The application is denied.
Orders
- The application is denied.
Authorities cited
Cases cited (3)
- Rule 29 of the Court of Appeal Rules
- Dorothy Nelima Wafula vs. Hellen Nekesa Nielsen and Paul Fredrick Nelson [2017] eKLR
- Mzee Wanje and 93 Others vs. A.K Saikwa (1982-88) KAR 462
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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