Samuel Onchonga v Ken-Knit Kenya Limited [2017] KEELRC 1368 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1368
- Citation
- [2017] KEELRC 1368 (KLR)
- Decided
- 16 March 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePreliminary ObjectionPostureRespondent seeks to strike out the Claimant's suit for being time barred.CoramOngaya
Holding
Suit is statute barred and is struck out.
Facts
Claimant's employment was terminated on 17th May, 2012, and the suit was filed on 20th May, 2015, 3 years and 2 days after the termination.
Issues
- Limitation period under Employment Act 2007
- Jurisdiction of the court to extend limitation period
Reasoning
Claimant's employment was terminated on 17th May, 2012, and the suit was filed on 20th May, 2015, which is 3 years and 2 days after the termination. The Employment Act does not provide for extension of limitation period, and the court has no jurisdiction to extend it.
Outcome
Suit struck out
Orders
- No orders for costs
Authorities cited
Legislation (1)
- Employment Act 2007
Cases cited (7)
- Gathoni V Kenya Co-operative Creameries Ltd
- Maria Machocho V total (K) Industrial Cause No.2 of 2012
- Banking Insurance and Finance Union (K) Limited, Industrial Cause No. 1201 of 2012
- Muchiko & Another V Telkom (K) Limited, Industrial Cause No.1299 of 2011
- Nicodemus Marani V Timsales Limited Industrial Cause No.204 of 2013
- Ngari & Another V Odero (1992)2 E A241
- Nicodemus Marani v Timsales Limited, Industrial Court Cause No.204 of 2013
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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