Eliud Kinyua Tiribu v Mastermind Tobacco Limited [2018] KEELRC 1641 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1641
- Citation
- [2018] KEELRC 1641 (KLR)
- Decided
- 29 June 2018
The Court sets aside the suo moto directive and the proceedings will proceed on a date to be agreed upon.
Facts
The Claimant was led in examination in chief and partly cross-examined on 13 October 2015. The hearing was adjourned to 10 November 2015 when the Respondent indicated it wanted to attempt an out of court settlement. The Court directed a document to be taken to the Criminal Investigations Department to establish its authenticity.
Issues
- The Court's directive to the Criminal Investigations Department to establish the authenticity of a document.
- The adversarial nature of the court system and the neutral role of the court.
Reasoning
The Court finds that the directive by the Court to the Criminal Investigations Department to establish the authenticity of a document stalled the proceedings and that the adversarial nature of the court system dictates a neutral adjudicative role for the court.
Outcome
The proceedings will proceed on a date to be agreed upon.
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