Omwengo v Judicial Service Commission & another (Cause 286 of 2015) [2017] KEELRC 102 (KLR) (2 November 2017) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 102
- Citation
- [2017] KEELRC 102 (KLR)
- Decided
- 2 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a decision to strike out a claim for being time-barredCoramMA ONYANGO
Holding
The claim is time-barred and is incompetent, fatally defective, and an abuse of court process.
Facts
The claimant, Zaphaniah Sagana Omwengo, alleged that the Judicial Service Commission unlawfully terminated his services on January 17, 2012, without giving him an opportunity to defend himself. The claim was filed on July 28, 2015.
Issues
- Whether the claim is statute time-barred
- Whether the Employment Act, 2007, applies to the claim
Reasoning
The Employment Act, 2007, provides a three-year limitation period for civil actions based on the Act or a contract of service. The claim was filed more than three years after the termination, thus being time-barred.
Outcome
The claim is struck out.
Orders
- The claim is struck out for being time-barred under section 90 of the Employment Act
Authorities cited
Legislation (2)
- Employment Act, 2007
- Limitation of Actions Act, Cap 22
Cases cited (4)
- Peter Nyamai & & Other v M. J. Clarke Limited
- Augustine Odhiambo Abiero v K.K. Security Ltd
- Re The Matter of the Interim Independent Electoral Commission S.C. ConstitutionalApplication No. 2 of 2011
- Samuel Kamau Macharia & Another v Kenya Commercial Bank Limited & 2 Others S.C Application No. 2 of 2012
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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