Eliud Gatundu Wanjohi & 3 others v Kenya Railways Corporation [2014] KEELRC 310 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 310
- Citation
- [2014] KEELRC 310 (KLR)
- Decided
- 25 July 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypecivilPostureappeal from a preliminary objectionCoramD.K.N. Marete
Holding
The preliminary objection is dismissed with costs to the claimants.
Facts
The claimants are employees of the defendant who filed a suit for erroneous computation of salary. The respondent filed a preliminary objection claiming the suit was time-barred.
Issues
- whether the suit is time-barred under the Employment Act
- whether the claimants' case on limitation is valid
Reasoning
The court found that the parties had engaged in negotiations on the subject, which tilted the issue of limitation in favor of the claimants. The respondents' acknowledgment of the claim in 2012 and 2013 frustrated their submission on limitation.
Outcome
dismissed
Orders
- preliminary objection dismissed
- costs awarded to claimants
Authorities cited
Legislation (2)
- Employment Act, No. 11 of 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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