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
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePreliminary ObjectionPostureRespondent's Preliminary ObjectionCoramD. K. N. Marete
Holding
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
Legislation (2)
- Limitation of Actions Act
- Employment Act, 2007
Cases cited (2)
- Section 4 (1) of the Limitation of Actions Act
- Section 90 of the 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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