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GNK v USA-Africa Management Co Ltd & CRVH t/a VHC (Cause 1773 of 2015) [2016] KEELRC 1399 (KLR) (Employment and Labour) (18 April 2016) (Ruling)

[2016] KEELRC 1399 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1399
Citation
[2016] KEELRC 1399 (KLR)
Decided
18 April 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour DisputePostureRespondents' application for an interim gag orderCoramMajanja J, Wasilwa J
Holding

The application is dismissed with costs, and the interim gag order is vacated.

Facts

The Claimant informed two consultants of the 1st Respondent about a sexual harassment and unlawful termination case, which the 2nd Respondent was involved in. The Claimant also sent scanned copies of the Memorandum of Claim to the consultants.

Issues

  1. Whether the Claimant can publish or broadcast information about the pending suit
  2. Whether the sub judice rule should be applied to limit the freedom of expression

Reasoning

The court found the sub judice rule no longer sufficient to limit freedom of expression, and the information was already public through court pleadings.

Outcome

Dismissed with costs

Orders

  • Interim gag order vacated

Authorities cited

Cases cited (2)
  • Okiya Omtatah Okuti v Attorney General & 2 Others [2013] eKLR
  • Advtech Resourcing (Pty) Ltd v Kuhn 2007(4) ALL SA 1386
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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