Hudson Kelly A. Agalo v Telkom Kenya Limited [2016] KECA 748 (KLR)
- Court
- Court of Appeal
- Case number
- 748
- Citation
- [2016] KECA 748 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Judgment of the High Court of Kenya at Kisumu (Wasilwa, J.) dated 30th September, 2013CoramD. K. MARAGA, D. K. MUSINGA, S. GATEMBU KAIRU, FCIArb
Holding
The appeal is dismissed with costs to the respondent.
Facts
The appellant, Hudson Kelly A. Agalo, was employed by Kenya Posts and Telecommunications in 1980 but was unlawfully terminated on 4th June, 1997. His services were later transferred to Telkom Kenya Limited. The appellant filed two cases against Telkom Kenya Limited, one in the Chief Magistrate's Court and another in the Industrial Court, seeking pension and other reliefs.
Issues
- Whether the appellant's claim for pension was res judicata in view of the determination made in CMCC No. 490 of 2003.
- Whether the appellant's claim was filed outside the three years period as stipulated under section 90 of the Employment Act, 2007.
Reasoning
The Court held that the appellant's claim for pension was res judicata in view of the judgment in CMCC No. 490 of 2003. The Court also found that the appellant's claim was not made within the statutory period and should have been filed against Telposta Pension Scheme.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Employment Act, 2007
Cases cited (1)
- Greenfield Investments Limited V Baber Alibhai Mawji [2000] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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