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Kenya Union of Printing, Publishing, Paper Manufacturers & Allied Workers v Highlands Paper Mills Limited [2015] KEELRC 95 (KLR)

[2015] KEELRC 95 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
95
Citation
[2015] KEELRC 95 (KLR)
Decided
11 December 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent's Preliminary Objection to Claimant's ActionCoramRadido Stephen
Holding

The Court finds the claim incompetent and orders the cause be struck out.

Facts

Harnest Benard Nyangweso, a deceased employee, had final dues of Kshs 62,393/- unpaid by his employer, Highlands Paper Mills Limited. The Kenya Union of Printing, Publishing, Paper Manufacturers & Allied Workers filed a claim on behalf of the deceased's widow and children.

Issues

  1. Whether the claim was filed by a legal representative of the deceased
  2. Whether the claim was filed within the legal timeframe

Reasoning

The Court ruled that the claim was incompetent because it was filed long after the deceased's death and without a grant of letters of administration, and that such claims can only be commenced by a legal representative duly authorised by a competent court.

Outcome

The cause is dismissed.

Orders

  • The cause is struck out

Authorities cited

Legislation (1)
  • Employment Act, 2007
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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