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Carolyne Wambui Njue v Rift Valley Railways (Kenya) Limited [2015] KEELRC 146 (KLR)

[2015] KEELRC 146 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
146
Citation
[2015] KEELRC 146 (KLR)
Decided
13 November 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent's Motion for Production of DocumentsCoramAbuodha J. N.
Holding

The Court ordered the respondent to produce the requested documents within 14 days, failing which the respondent's reply would be struck out with costs.

Facts

Claimant, Carolyne Wambui Njue, alleges discrimination at the workplace, specifically in terms of equal pay for equal work. She seeks documents including payslips and academic certificates of Rafael Araujo and Victor Ayiera.

Issues

  1. Whether the documents sought are relevant and necessary for the proper determination of the issues in dispute.
  2. Whether the documents are covered by privilege and if so, whether the claimant's case for discrimination can be substantiated without them.

Reasoning

The Court found the documents relevant and necessary for the proper determination of the issues, balancing public interest against the need for justice.

Outcome

The respondent was ordered to produce the requested documents.

Orders

  • The respondent to produce the requested documents within 14 days.
  • Failure to do so will result in the respondent's reply being struck out with costs.

Authorities cited

Legislation (1)
  • Employment Act, 2007
Cases cited (6)
  • Concord Insurance Co. Ltd v. NIC (2013) eKLR
  • Convay v. Rimmer & Another (1968) (All ER 874)
  • Oracle Production Ltd v. Decapture Ltd & 3 Others
  • Lelano I Salano v. Intercontinental Hotel (2013) eKLR
  • Sitati v. Mumias Sugar Company
  • Baseline Architects Ltd & 2 Others v. NHIF Board (2008) eKLR
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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