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Joyce Kamene Kyambi v Nodor Kenya EPZ Limited [2014] KEELRC 1397 (KLR)

[2014] KEELRC 1397 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1397
Citation
[2014] KEELRC 1397 (KLR)
Decided
17 November 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLimitation of ActionsPostureRespondent's preliminary objection to dismiss claim for statute barCoramLINNET NDOLO
Holding

The Court dismisses the Respondent's preliminary objection and proceeds to hear the claim on merit.

Facts

Claimant's employment was terminated on 16 February 2010, and the claim was filed on 24 June 2013.

Issues

  1. Whether the claim is statute barred under Section 90 of the Employment Act, 2007
  2. Whether the Court has jurisdiction to hear the claim

Reasoning

The claim arises from the termination of employment on 16 February 2010, which falls under the Employment Act, 2007. The claim should have been filed within three years next after the act complained of, which would be by 15 February 2013.

Outcome

Claim allowed

Authorities cited

Legislation (2)
  • Employment Act, 2007
  • Limitation of Actions Act
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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