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Bakery, Confectionary, Manufacturing & Allied Workers Union (K) v Kenafric Industries Ltd [2015] KEELRC 428 (KLR)

[2015] KEELRC 428 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
428
Citation
[2015] KEELRC 428 (KLR)
Decided
3 August 2015
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeLabour DisputePostureRespondent filed a preliminary objection, Claimant filed submissions.CoramNzioki wa Makau
The suit is not statute barred and is not out of time.

Facts

The Claimant was dismissed on 6 December 2008, and the suit was filed on 19 December 2014, more than 6 years after the termination.

Issues

  • Limitation of actions under Section 90 of the Employment Act
  • Suspension of time limit for conciliation

Reasoning

The court held that the matter was referred to the Minister for Labour on 17 June 2010, and the admission of the dispute for conciliation suspended the time that was to run from the date of reference.

Outcome

The suit is not dismissed.

Orders

  • The preliminary objection is dismissed.
  • The suit is not statute barred and is not out of time.

Authorities cited

Legislation (1)
  • Employment Act
Cases cited (4)
  • Mukisa Biscuits Manufacturing Co. Ltd v. West End Distributors Ltd
  • Tailors & Textile Workers Union v Moi University and Rivatex EA Ltd
  • Maria Machocho v Total Kenya Limited
  • Divecon v Samani
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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