Lucy Muthoni Kunyiha v Board of Management Karima Boys High School [2017] KEELRC 1623 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1623
- Citation
- [2017] KEELRC 1623 (KLR)
- Decided
- 17 March 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent opposed the application, arguing the suit was time barred.CoramByram Ongaya
Holding
The application is dismissed as the 12-month limitation period has lapsed and the applicant has not established legal provisions and justification for the court to grant leave.
Facts
The applicant was an employee of the respondent from 1999 until she resigned on 22.09.2015. She later wrote a letter withdrawing her resignation, but the respondent did not accept it. The applicant claims unpaid terminal dues.
Issues
- Whether the applicant's application for leave to file a suit out of time should be granted.
- Whether the 12-month limitation period under section 90 of the Employment Act, 2007, has lapsed.
Reasoning
The court dismissed the application because the 12-month limitation period under section 90 of the Employment Act, 2007, has expired, and the applicant did not provide legal justification for extending the time limit.
Outcome
Application dismissed
Orders
- Each party to bear their own costs
Authorities cited
Legislation (2)
- Employment Act, 2007
- Limitation of Actions Act
Cases cited (1)
- Attorney General & Another v Andrew Maina Githinji
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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