Ronald Mukoya Namai v Kenya Commercial Bank Limited [2016] KEELRC 1094 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1094
- Citation
- [2016] KEELRC 1094 (KLR)
- Decided
- 8 June 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureApplication for leave to file suit after limitation periodCoramHON. LADY JUSTICE HELLEN WASILWA
Holding
The Court declines to extend the time for filing the claim as the claimant has not shown a valid reason for approaching the court at this late stage.
Facts
The claimant was an employee of the respondent until December 29, 2009, when he was unlawfully terminated. He was later convicted of fraud and appealed, resulting in a quashed conviction. The delay in filing suit was due to his incarceration and ongoing criminal trials.
Issues
- Whether the Employment and Labour Relations Court has jurisdiction to extend the limitation period for filing a claim under Section 90 of the Employment Act.
- Whether the criminal proceedings are part of the trial process and therefore not a valid reason to dismiss the claimant as per Section 90 of the Employment Act.
Reasoning
The claimant's claim is barred by the limitation period under Section 90 of the Employment Act, as it was filed more than three years after his termination. The Court finds that the criminal proceedings are not a valid reason to extend the limitation period.
Outcome
Application dismissed
Authorities cited
Legislation (3)
- Employment and Labour Relations Court Act 2010
- Employment Act 2007
- Limitation of Actions Act 2002
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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