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Jackline Vusevwa Selenge v Olivier Guiguemde [2021] KEELRC 1062 (KLR)

[2021] KEELRC 1062 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1062
Citation
[2021] KEELRC 1062 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeApplication for Leave to Adduce Electronic EvidencePostureApplication grantedCoramSTELLA RUTTO
Holding

The electronic evidence is admissible as it meets the legal threshold set out under section 106B(4) of the Evidence Act.

Facts

The Applicant sought to adduce an audio recording as evidence, claiming it was available at the time of filing but not possible to upload due to technical limitations. The Claimant opposed the late submission.

Issues

  1. Admissibility of electronic evidence
  2. Timing of the application

Reasoning

The court found the electronic evidence admissible due to the Applicant's disclosure of the recording in his list of documents and witness statement, and the signed certificate of authenticity.

Outcome

The Application is allowed.

Orders

  • Electronic evidence in the form of a CD is admitted as evidence for consideration in support of the Applicant's case.

Authorities cited

Legislation (2)
  • Evidence Act (cap 80)
  • Civil Procedure Act (Chapter 21 of the Laws of Kenya)
Cases cited (1)
  • Republic vs Barisa Wayu Matuguda
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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