Onsarigo Morabai v Kenya Marine and Fisheries Research Institute [2021] KEELRC 2330 (KLR)

Summary at a glance

Facts

The plaintiff, Onsarigo Morabai, was terminated by the defendant, Kenya Marine and Fisheries Research Institute, for gross misconduct. The plaintiff opposed the introduction of a new witness, Mr. Henry Nyabuto, claiming the defendant had unclean hands and had not considered him a necessary witness.

Issues

• Whether the introduction of a new witness was necessary and timely.
• Whether the defendant had unclean hands and was dishonest in its claims.

Reasoning

The court found the application without merit, noting the defendant had not considered Mr. Nyabuto a necessary witness and the introduction of new evidence late in the proceedings would prejudice the plaintiff.

Outcome

Appeal dismissed

Orders

• Application to introduce Mr. Henry Nyabuto as a witness dismissed with costs.