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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT MOMBASA
EMPLOYMENT AND LABOUR RELATIONS CAUSE NO [reference]
[EMPLOYEE CLAIMANT] v [EMPLOYER RESPONDENT]
WITNESS STATEMENT
1. I am [HR witness] and identify my actual role in the complaint, disclosure and disciplinary process. Facts from others are attributed to the named source; I do not present events I did not witness as personal observation.
2. The complaint was received on [date] through [actual channel]. The documented incidents and supporting messages or recording were [identify without publishing private contents]. The material supplied to the employee is shown by [delivery evidence].
3. The show-cause notice set out [actual allegations] and the response period. The employee reply and any request for further information or time are [records]. Those requests were dealt with by [actual action and reason].
4. The hearing took place on [date], attended by [roles and chosen companion]. I identify the genuine minutes, representations and evidence considered. An unsigned or disputed minute is marked accordingly; no signature is supplied by this specimen.
5. The decision and reasons were communicated by [method] on [date]. The internal appeal was addressed through [actual process]. Protective instructions concerning contact with the complainant and any breach of those instructions are supported by the identified records.
6. I identify the terminal-payment and certificate records within my role and the electronic evidence custodian. I ask that sensitive colleague information be handled under lawful directions while ensuring the employee receives the material necessary for a fair response.
DATED at [place] on [date]. Signed [party or advocate]. DRAWN AND FILED BY [name and address for service]. TO BE SERVED UPON [each affected person and address].
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An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction from a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Verify the facts, law, jurisdiction and court directions before use.
Use and evidence notes
Use the witness own truthful account, distinguish observed events from named information sources and identify bundle pages and authenticating witnesses. Follow the actual trial or succession witness directions. Additional evidence and statements require any applicable leave. An appeal ordinarily uses the admitted trial record; a new statement cannot be inserted without the proper procedure. Verify the ELRC Procedure Rules 2024 and 2025 amendments, or the applicable designated subordinate-court procedure, and current directions. Assess section 90 for each employment claim.
Supporting material: [date]; [author or custodian]; [description]; [bundle page]; [authenticating witness]; [admission or permission]. Attach genuine records only. This public specimen contains no exhibits, signatures, personal identifiers or sworn declaration.
Source facts and limits of the decision
A laboratory employee challenged termination after complaints of repeated unwelcome messages and conduct toward a colleague. The employer disclosed electronic material, issued a show-cause notice, held a disciplinary hearing with the employee chosen companion and considered an appeal. The employee sought reinstatement.
The Court found the termination justified and dismissed the claim with costs. It rejected the employee explanation that the conduct was mutual despite express requests to stop. Reinstatement was unavailable on the proved conduct and workplace circumstances.
Employment Act sections 6, 41, 43 and 45 require assessment of prohibited harassment, evidence, reasons and process. This is a rejected dismissal challenge, not a specimen to excuse unwelcome conduct. Preserve originals and explain electronic-record authentication and any Evidence Act section 106B requirement. Keep the colleague identity and intimate message contents out of public samples; use lawful disclosure and protective directions in actual litigation.
Read the original reported decision: [2025] KEELRC 3622 (KLR) — 15 December 2025
The original decision may identify participants. The specimen replaces their identifying details. The primary judicial text, Mombasa heading, reasons and operative orders were checked. Each sample is newly drafted and uses bracketed specimen identities. Unsuccessful historical positions and proposed corrections are identified. No original filed wording, exhibits, subsequent-order assurance or licensed-advocate review is claimed. Check the authentic court file, current law and directions before use.
Related law and procedural rules
Constitution of Kenya · Employment Act · Employment and Labour Relations Court Act · Evidence Act
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