Thomas Icharia Chege v Telkom Kenya Limited [2016] KEELRC 500 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 500
- Citation
- [2016] KEELRC 500 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks extension of time for filing of claim.CoramLINNET NDOLO
Holding
The Court finds that time did not begin to run against the Applicant until August 2015 when he was discharged from confinement at Avenue Hospital. The Applicant's application to file his claim out of time is therefore allowed.
Facts
The Applicant, Thomas Icharia Chege, was diagnosed with a schizoaffective illness from 2006 to the present. His employment was terminated on August 2, 2006, and he discovered his claim was time-barred in February 2016.
Issues
- Whether the Applicant's claim is time-barred due to the limitation period under the Limitation of Actions Act.
- Whether the Applicant's disability due to a long-term schizoaffective illness justifies an extension of time for filing the claim.
Reasoning
The Court considers the medical evidence and the relevant limitation law, concluding that the Applicant's disability due to a long-term schizoaffective illness justifies an extension of time for filing the claim.
Outcome
The Applicant's application to file his claim out of time is allowed.
Orders
- The costs of the application will be in the cause.
Authorities cited
Legislation (2)
- Limitation of Actions Act
- Employment Act (Cap 226)
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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