Evans Mbuthia Kiai v Delmonte Kenya Limited [2014] KEELRC 973 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 973
- Citation
- [2014] KEELRC 973 (KLR)
The Applicant's application for leave to file his claim out of time is disallowed.
Facts
The Applicant was an employee of the Respondent dismissed on 9th November 2009. He was charged and tried at the Chief Magistrate's Court at Nyeri Law Courts but was acquitted on 24th February 2011. The delay in filing the claim is due to the criminal case and incarceration coupled with loss of employment.
Issues
- Whether the Applicant's claim is barred by the limitation period under the Employment Act, 2007.
- Whether the delay in filing the claim is excusable and not inordinate.
Reasoning
The employment with the Respondent is governed by the Employment Act, 2007. Section 90 of the Act provides that no civil action or proceedings based or arising out of this Act or a contract of service in general shall lie or be instituted unless it is commenced within three years next after the act, neglect or default complained.
Outcome
The Applicant's application for leave to file his claim out of time is disallowed.
Orders
- The Applicant's application for leave to file his claim out of time is disallowed.
Authorities cited
Legislation (2)
- Employment Act, 2007
- Limitation of Actions Act
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