John Kiplang’at Koech v Kenya Airports Authority (KAA) [2014] KEELRC 382 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 382
- Citation
- [2014] KEELRC 382 (KLR)
- Decided
- 8 July 2014
Summary at a glance
TypeIndustrial DisputePostureAppeal from a dismissal of an ex parte application for leave to file a fresh claimCoramJames Rika
The application is dismissed, with no order on the costs.
Facts
The applicant was dismissed by the Kenya Airports Authority in January 2007. He filed a claim in the Chief Magistrates' Court, which was transferred to the Industrial Court. The applicant then sought leave to file a fresh claim out of time.
Issues
- Whether the applicant has followed the proper procedure by returning to the Magistrates' Court as ordered by the Industrial Court Judge.
- Whether the applicant's claim is within the jurisdiction of the Industrial Court.
- Whether the applicant's claim should have been filed under the Trade Disputes Act Cap 234 and Section 84 of the Labour Relations Act No. 14 of 2007.
Reasoning
The court found that the applicant has not revealed whether he has followed the proper procedure by returning to the Magistrates' Court as ordered by the Industrial Court Judge. The court lacks jurisdiction to extend time as prayed and the applicant's claim should have been filed under the Trade Disputes Act Cap 234 and Section 84 of the Labour Relations Act No. 14 of 2007.
Outcome
Dismissed
Authorities cited
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