Alfred Omwoyo v Nairobi City County [2017] KEELRC 504 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 504
- Citation
- [2017] KEELRC 504 (KLR)
- Decided
- 3 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent's preliminary objection to statute bar raisedCoramPearson, Rika, Waki
Holding
The claim is not statute barred.
Facts
The Claimant was dismissed due to a conviction, and he appealed the conviction. The appeal was not determined until 24th June 2014.
Issues
- When does a cause of action arise in a claim for unlawful/unfair termination?
- Is the claim statute barred by Section 90 of the Employment Act, 2007?
Reasoning
The Court of Appeal defined a cause of action as an act by the defendant that gives the plaintiff his cause of action. The dismissal was predicated on a conviction, and time did not begin to run until the conviction was determined.
Outcome
The objection to statute bar is dismissed.
Orders
- It is so ordered.
Authorities cited
Legislation (2)
- Employment Act, 2007
- Limitation of Actions Act
Cases cited (2)
- Attorney General v Andrew Maina Githinji and another [2016] eKLR
- Drummond Jackson v Britain Medical Association (1970) 2 WLR 688
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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