Susan Wariara Kariuki v Diakonie Katastrophenhilfe [2016] KEELRC 1536 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1536
- Citation
- [2016] KEELRC 1536 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication to expunge privileged communicationPostureRespondent seeks to expunge a letter from the recordCoramLenaola
Holding
The letter dated 29th May 2013 is expunged from the record
Facts
The Respondent's Administrative and Logistics Officer, Susan Wariara Kariuki, came across a letter dated 29th May 2013 in the course of her employment, but did not provide details on how she obtained it.
Issues
- Whether the letter dated 29th May 2013 is properly on record
- Whether the Claimant used unethical or unlawful means to access the letter
Reasoning
The letter contains legal advice from an Advocate to a client and is privileged under Section 134 of the Evidence Act. The Claimant did not provide details on how she obtained the letter and the Court concluded she used unethical and unlawful means to access it.
Outcome
The letter is expunged from the record
Orders
- The costs of this application will be borne by the Claimant
Authorities cited
Legislation (1)
- Evidence Act
Cases cited (2)
- SBI International Holdings AG (Kenya) v Amos Hadar
- Okiya Omtatah Okoiti & 2 Others v Attorney General & 3 Others
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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