Olivia Milycent Atieno v Mombasa Aviation Training Institute [2019] KEELRC 991 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 991
- Citation
- [2019] KEELRC 991 (KLR)
- Decided
- 25 July 2019
Summary at a glance
TypeLabour DisputePostureRespondent's Application for Forensic Examination of DocumentsCoramLINNET NDOLO
The Respondent's application is dismissed with costs to the Claimant.
Facts
The Claimant filed a claim for unlawful termination of employment and payment of final dues, supported by amended documents. The Respondent sought to have certain documents submitted to the Directorate of Criminal Investigations for authenticity.
Issues
- Jurisdiction of the Employment and Labour Relations Court to grant forensic examination orders
- Abuse of process by the Respondent's application
- Allegations of document falsification
Reasoning
The Employment and Labour Relations Court is not a criminal court and cannot order a general investigation into employment documents. The Respondent's application seeks a discovery process, which is not within the Court's jurisdiction.
Outcome
Dismissed with costs
Authorities cited
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