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Solomon Kasaine & 3 others v Yaars Bar & Restaurant Limited [2017] KEELRC 1874 (KLR)

[2017] KEELRC 1874 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1874
Citation
[2017] KEELRC 1874 (KLR)
Decided
24 January 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureRespondent's Preliminary Objection to Claimants' Time-Barred ClaimsCoramHellen S. Wasilwa
Holding

The claims are time-barred, and the cases must all collapse for want of time.

Facts

Four labor disputes consolidated into one case. Claimants filed their claims after the limitation period, alleging delays in correspondence with the Respondent.

Issues

  1. Whether the claims are time-barred under Section 90 of the Employment Act 2007
  2. Whether the Court can extend the limitation period

Reasoning

The Court held that the claims are time-barred under Section 90 of the Employment Act 2007, which mandates a three-year limitation period. The Court ruled that the claims were filed after the expiration of the limitation period, even if the delay was minimal.

Outcome

The claims are dismissed.

Orders

  • The claims are dismissed as time-barred

Authorities cited

Legislation (2)
  • Employment Act 2007
  • Limitation of Actions Act
Cases cited (1)
  • Josephat Ndung’u vs Henkel LTD EA 2013 eKLR
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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