Benjamin Otieno Nyaboro v Kenya Railways Corporation Ltd [2017] KEELRC 5 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 5
- Citation
- [2017] KEELRC 5 (KLR)
- Decided
- 29 September 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a dismissal decisionCoramRika J
Holding
The claim is statute-barred due to the limitation period under Section 4(1) of the Limitation of Actions Act Cap 22, Laws of Kenya.
Facts
The claimant, Benjamin Otieno Nyaboro, was unlawfully and illegally dismissed by the respondent, Kenya Railways Corporation Ltd, but the date of dismissal was not disclosed. He filed a claim for payment of terminal dues.
Issues
- Statute of limitations
- Dismissal unlawfulness
Reasoning
The court found that the claim was filed more than the statutory period, thus the claim is barred.
Outcome
The claim is dismissed
Orders
- Preliminary Objection to dismiss the claim
Authorities cited
Legislation (1)
- Limitation of Actions Act Cap 22
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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