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Kenya Hotels and Allied Workers Union v All Africa Conference of Churches t/a Desmond Tutu Conference Centre [2016] KEELRC 1136 (KLR)

[2016] KEELRC 1136 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1136
Citation
[2016] KEELRC 1136 (KLR)
Decided
27 May 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureRespondent raises preliminary objection to documents, Claimant seeks to rely on lettersCoramLINNET NDOLO
Holding

The preliminary objection is overruled, and the main claim will proceed.

Facts

The Respondent (All Africa Conference of Churches) seeks to exclude two letters from evidence, claiming they are privileged and inadmissible. The Claimant (Kenya Hotels and Allied Workers Union) seeks to use these letters to support its claim.

Issues

  1. Whether the preliminary objection raised by the Respondent meets the required threshold.
  2. Whether the letters in issue are privileged.

Reasoning

The letters were found to be aimed at subverting justice and coercing union members to denounce their membership, which is illegal.

Outcome

The Respondent's preliminary objection is overruled with costs to the Claimant.

Orders

  • The parties to list the main claim for hearing on priority basis.

Authorities cited

Cases cited (1)
  • Mukisa Biscuit Manufacturing Co. Ltd v Westend Distributors Ltd (1969) E.A. 696
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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