Obwoge v Flamingo Horticulture Kenya Limited (Cause E001 of 2025) [2025] KEELRC 3346 (KLR) (28 November 2025) (Ruling)

Summary at a glance

Facts

The Claimant, Jamleck Obwoge, sued the Respondent, Flamingo Horticulture Kenya Limited, for unlawful discrimination at the workplace. Louisa Butland, a co-employee, was named as a comparator and was alleged to have received superior remuneration for work of equal value.

Issues

• Whether the Respondent's application to strike out paragraph 83[b] of the Statement of Claim and expunge documents detailing Louisa Butland's salary is valid.
• Whether the Claimant's application for access to Butland's employment records is justified.

Reasoning

The Court held that the Claimant must establish a comparator to prove discrimination. The Respondent's application to strike out paragraph 83[b] is upheld, as the Respondent has an obligation to protect personal data from unauthorized disclosure. The Claimant's application for access to Butland's records is declined, as the Claimant must show that his comparator was given preferential treatment.

Outcome

The applications are declined.

Orders

• Both applications are declined.
• No order on the costs.
• The main Claim to be scheduled for hearing at the Registry.

Authorities cited