Joseph Kibii Siele v Telkom Kenya Limited & another [2017] KEELRC 521 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 521
- Citation
- [2017] KEELRC 521 (KLR)
- Decided
- 6 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks leave to file his claim against the Respondents.CoramRadido Stephen
Holding
The court declines to grant leave to file the claim and dismisses the motion with costs.
Facts
The applicant was part of the Respondents' workforce whose contracts were terminated as part of a redundancy exercise in 2006. Some of the Respondents' employees had gone to court over certain Circulars of 2001, 2003, and 2004.
Issues
- Whether the applicant can file his claim against the Respondents.
- Whether the court has the power to grant leave to file a claim six years after the cause of action accrued.
Reasoning
The court refers to Willis Onditi Odhiambo v Gateway Insurance Co. Ltd (2014) and Divecon v Samani (1995-1998) to hold that the Limitation of Actions Act (section 4(1) of the Act) does not allow for the extension of time for filing a claim in contract cases, and the court has no power to do so.
Outcome
Motion dismissed with costs to the Respondents.
Orders
- Motion dated 22 March 2017 dismissed with costs to the Respondents.
Authorities cited
Legislation (1)
- Limitation of Actions Act (section 4(1) of the Act)
Cases cited (2)
- Willis Onditi Odhiambo v Gateway Insurance Co. Ltd (2014) eKLR
- Divecon v Samani (1995-1998) 2 EA 48
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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