Esther Kahai Kihima v Trident Insurance Company Limited [2013] KEELRC 602 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 602
- Citation
- [2013] KEELRC 602 (KLR)
- Decided
- 13 June 2013
Summary at a glance
TypePreliminary ObjectionPostureRespondent's preliminary objection to the claimCoramM. Mbaru
Preliminary objection dismissed
Facts
Claimant Esther Kahai Kihima was terminated on July 1, 2007, and filed her claim on October 9, 2012, 5 years and 2 months later.
Issues
- Applicability of the Employment Act, 2007 to contracts of service terminated before its commencement
- Limitation period for employment contract claims
Reasoning
The Employment Act, 2007 does not have retrospective application. The claimant's employment contract was terminated before the Act's commencement, and the transitional provisions do not extinguish claims valid before the Act's implementation.
Outcome
Claim dismissed with costs to the respondent
Orders
- Set down the matter for hearing
Authorities cited
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