James Simiyu v Board of Governors, Moi Forces Academy, Lanet [2014] KEELRC 432 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 432
- Citation
- [2014] KEELRC 432 (KLR)
- Decided
- 13 June 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeIndustrial CourtPostureRespondent filed a preliminary objection on time-barred grounds.CoramMbaru, Nduma, Radido
Holding
The preliminary objection is dismissed with costs.
Facts
The claimant was terminated on 20.11.2006 and filed the suit on 14.11.2012.
Issues
- Whether the suit is time-barred under section 90 of the Employment Act, 2004.
- Whether the claimant can selectively rely on rights and obligations under the Employment Act, 2007 and the Limitation of Actions Act, 2005.
Reasoning
The court held that for suits accruing before the Employment Act, 2007, the limitation period is six years under the Limitation of Actions Act, 2005, not three years under section 90 of the Employment Act, 2007.
Outcome
The suit is not time-barred.
Orders
- The preliminary objection is dismissed with costs.
- The issue of enforceable rights and obligations and the applicable law will be argued at the full hearing.
Authorities cited
Legislation (2)
- Employment Act, 2004
- Limitation of Actions Act, 2005
Cases cited (1)
- Charles Kiruthi Mwangi -Versus- G4S Security Services (K) Limited [2012]eKLR
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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