MARTIN MAKAU KITHEKA V UCHUMI SUPERMARKETS LIMITED [2013] KEELRC 295 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 295
- Citation
- [2013] KEELRC 295 (KLR)
- Decided
- 24 May 2013
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePreliminary ObjectionPostureRespondent's Preliminary Objection to Claimant's ClaimCoramM. Mbaru
Holding
The preliminary objection is upheld, and the claim is struck out.
Facts
Claimant filed a claim for terminal benefits on December 5, 2012, alleging that the respondent refused to pay the balance of his employment terminal dues. The respondent argued that the claim was time-barred and that the claimant's employment was terminated on June 1, 2006.
Issues
- Time-barred claim
- Lack of capacity to sue
- Jurisdiction of the court
Reasoning
The claim is time-barred as it was filed more than six years after the cause of action accrued. The respondent's employment was terminated on June 1, 2006, and the claimant's claim was filed on December 5, 2012, more than six years later.
Outcome
Claim struck out
Orders
- Claim struck out
Authorities cited
Legislation (3)
- Employment Act, Cap 226 (repealed)
- Limitation of Actions Act, Cap 22 Laws of Kenya
- Trade Disputes Act, Cap 234 Laws of Kenya
Cases cited (1)
- Kenya Scientific Research international and Allied Workers union versus T.N.S. Research International, Industrial Cause No. 27 of 2010
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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