Benson Maina A.K. Migwi v Kenya Ports Authority [2016] KEELRC 1058 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1058
- Citation
- [2016] KEELRC 1058 (KLR)
- Decided
- 24 June 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureRespondent's Preliminary Objection to be heardCoramONESMUS MAKAU
Holding
The court finds that the Suit is time barred and lacks jurisdiction to entertain it.
Facts
Claimant was employed by Respondent from 1984 to 1997 and was dismissed on grounds of continuous absence from work without leave for over 10 days. Claimant appealed against dismissal but was not reinstated.
Issues
- whether the Suit is time barred
- whether the court lacks jurisdiction to determine the Suit
Reasoning
The cause of action arose on 26.5.1997 and the Suit was filed on 28.1.2016, making the time span 19 years. The time allowed for bringing a claim founded on employment contract was 6 years, and the Suit was filed 13 years outside the statutory limitation period.
Outcome
The P.O. is upheld and the Suit struck out with no order as to costs.
Orders
- P.O. is upheld
- Suit struck out
Authorities cited
Legislation (1)
- Limitation of Actions Act Cap 22 of the laws of Kenya
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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