Motaung v Samasource Kenya Epz Ltd t/a Sama & 2 others; Kenya National Human Rights and Equality Commission & 9 others (Interested Parties) (Petition E071 of 2022) [2024] KEELRC 7 (KLR) (23 January 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 7
- Citation
- [2024] KEELRC 7 (KLR)
- Decided
- 23 January 2024
Summary at a glance
TypeLabor DisputePosturePetition for leave to serve and directionsCoramJK GAKERI, PCI, Ringera
The Replying Adavit is struck out as it lacks authentication.
Facts
The Petitioner seeks leave to serve the petition on the 2nd and 3rd Respondents in their principal offices in the United States and Ireland, and directions on the manner of service.
Issues
- Whether the 2nd and 3rd Respondents' Replying Adavit is defective for want of authentication.
- Whether the Petitioner's Notice of Motion is merited.
Reasoning
The court found the certifying certificate insufficient to authenticate the Replying Adavit, as it does not show the Notary was qualified to notarize the affidavit or confirm the signature and seal.
Outcome
The Petitioner's Notice of Motion is dismissed.
Orders
- The Petitioner's Notice of Motion is dismissed.
- The Replying Adavit is struck out.
Authorities cited
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