Kithure M'mwenda Nyaga vTeachers Service Commission [2014] KEELRC 903 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 903
- Citation
- [2014] KEELRC 903 (KLR)
- Decided
- 31 March 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks leave to file a suit against the Respondent out of time.CoramLINNET NDOLO
Holding
The Applicant's application to file a suit out of time is allowed.
Facts
The Applicant was dismissed from employment on allegations of insubordination in 2004 and later developed a mental illness.
Issues
- Whether the Applicant's application to file a suit out of time is valid.
- Whether the Respondent's grounds of opposition are valid.
Reasoning
The Court finds that time did not begin to run against the Applicant until he regained normal capacity, which was confirmed by his doctor on 15th January 2014.
Outcome
The Applicant's application is allowed.
Orders
- The costs of this application will be in the cause.
Authorities cited
Legislation (3)
- Limitation of Actions Act
- Industrial Court Act, 2011
- Industrial Court (Procedure) Rules, 2010
Cases cited (1)
- Divecon Limited Vs Shirinkhanu Sadrudin Samani (Civil Appeal No. 142 of 1997)
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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