Charles Kipng'eno Keter v Kimbilio Daima Sacco Ltd [2016] KEELRC 1173 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1173
- Citation
- [2016] KEELRC 1173 (KLR)
- Decided
- 17 May 2016
Summary at a glance
TypePreliminary ObjectionPostureRespondent's Preliminary ObjectionCoramD. K. N. Marete
The court finds the claim time barred and strikes out the claims with costs to the respondent.
Facts
The claimant entered into employment with the respondent in 2002, and criminal charges were filed against him. These charges were dismissed.
Issues
- Whether the claimant's statements of claim are statutorily time barred
- If the answer to the foregoing is in the affirmative, whether the claims ought to be struck out in the first instance with costs to the respondents
- Whether the claims constitute an abuse of the court process
Reasoning
The court rules that the claim is time barred due to the limitation periods set by the Limitation of Actions Act and the Employment Act, and that the claims are an abuse of the court process.
Outcome
The claims are struck out with costs to the respondent.
Orders
- The claims are struck out with costs to the respondent.
Authorities cited
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