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Article

1 Oct 2021

Author:
Kamau Muthoni, The Standard

Kenya: court dismisses second case by James Finlay tea pickers for medical records to be released as evidence for court case

"Tea pickers lose case seeking to compel James Finlay to release medical records", 1 October 2021

The Labour court has dismissed a second case by tea pickers, seeking to compel James Finlay Kenya to release their medical records to be used as evidence in a UK court.

Justice Hellen Wasilwa dismissed the case filed by Elly Okong’o, Lucas Onduso, Vitalis Otieno, Rebecca Okenyuri, Joice Mongere, Christopher Omwamba and Getune Sasela, citing duplicity of cases.

According to the judge, there was a similar case in 2019, which is now before the Court of Appeal. She ruled that the seven petitioners had abused the court process.

“The petitioners were aggrieved by the Judgment and orders in ELRC Petition No. 30 of 2019 and lodged an appeal at the Court of Appeal.  This appeal is still pending.  The Petitioner is my view is seeking similar information in the current petition which information is already barred by the Hon. Judge in Petition 30 of 2019,” said Justice Wasilwa.

The seven wrote to Finlay on July 4, 2019, and November 4, 2019, requesting the firm to release to them specific information concerning the work conditions that its workers have been subjected to over the years...

“What the petitioners are seeking to access is in furtherance of their cases filed in the Scottish Court and that the information sought is necessary for the petitioners exercise of their constitutional right to the highest attainable standard of health,” the workers argued.

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