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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]
EVIDENCE OR COMPUTATION SCHEDULE
1. This schedule identifies the genuine electronic material used in the disciplinary and court process. It does not reproduce private messages publicly or create an authentication certificate, recording or witness signature.
2. For each record enter [date and time], [source device or account], [custodian], [original format], [export method], [file integrity information if available] and [bundle page]. Screenshots are distinguished from the underlying complete conversation.
3. The context column records the relevant exchange before and after the relied-upon message, any express request to stop and any disputed attribution or missing segment. A selective excerpt is not represented as the entire communication history.
4. The disclosure column records when and how the employee received each relied-upon item before the hearing, the opportunity to answer it and the actual response. Material seen only by the panel is not falsely marked disclosed.
5. The admissibility column identifies the authenticating witness and the applicable foundation or section 106B certificate where required. The person responsible for any certificate must supply the genuine statutory particulars and signature.
6. The protection column records lawful redactions, confidential filing and access directions without concealing necessary evidence from the opposing party. The final reference links each record to the allegation or finding it actually supports, rather than every allegation by association.
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
This is an evidential or accounting aid, not an originating process or independent proof. Give dates, authors or custodians, admissibility status, actual document pages and transparent calculations. Label missing and disputed items. Obtain the applicable leave or directions for supplementary evidence, serve it and prevent duplicate credits or recovery. 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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