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Flodida Construction Machinery Limited v Wanyonyi (Cause E017 of 2025) [2025] KEELRC 1695 (KLR) (12 June 2025) (Ruling)

[2025] KEELRC 1695 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1695
Citation
[2025] KEELRC 1695 (KLR)
Decided
12 June 2025
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeApplication for DiscoveryPostureClaimant seeks orders compelling Interested Party to provide Mpesa statementsCoramAburili, JK GAKERI, Lenaola, Maureen Onyango
The court grants the application and orders the Interested Party to provide the requested Mpesa statements within seven days.

Facts

Claimant alleges respondent diverted payments intended for the company into the respondent's personal Safaricom Mpesa account instead of the company's bank account.

Issues

  • Whether the Interested Party should be compelled to provide the information sought by the applicant

Reasoning

The court finds that the applicant has established a prima facie case of misdirection of payments and that the Interested Party has information relevant to the case.

Outcome

Application granted

Orders

  • The Interested Party is ordered to provide Mpesa statements for the specified periods within seven days

Authorities cited

Legislation (3)
  • Employment and Labour Relations Court (Procedure) Rules, 2024
  • Kenya Information and Communication Act
  • Data Protection Act
Cases cited (5)
  • Nyanza Management Ltd & another v National Bank of Kenya Ltd & 3 Others
  • Oracle Productions Ltd v Decapture Ltd
  • Ramji Megji v Kisii University
  • Concord Insurance Co. Ltd V NIC Bank
  • ABN Amro Bank NV v Kenya Pipeline Co. Ltd
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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