Maluki v Tiny Totos Kenya Limited (Cause E317 of 2020) [2022] KEELRC 13359 (KLR) (1 December 2022) (Ruling)

Summary at a glance

Facts

The claimant, John Makaau Maluki, sought to introduce audio recordings and a phone call transcript as evidence in a labor dispute against the respondent, Tiny Totos Kenya Limited. The respondent objected to the introduction of these documents, claiming they were illegally obtained.

Issues

• Whether the audio recordings and phone call transcript were illegally obtained and thus inadmissible as evidence.
• Whether the court should uphold the objection and exclude the documents from the trial.

Reasoning

The court found the recordings were illegally obtained without notifying the respondent's representatives and the information in the certificates of electronic recording was insufficient.

Outcome

The court ruled in favor of the respondent, excluding the disputed evidence.

Orders

• The audio recordings and phone call transcript dated July 9, 2020 and July 26, 2021 are expunged from the record and excluded from the evidence before court.

Authorities cited