Bernard Maina Kiama (Suing on his behalf and on behalf of 42 Others) v Rift Valley Railways (K) Ltd [2017] KEELRC 685 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 685
- Citation
- [2017] KEELRC 685 (KLR)
- Decided
- 29 September 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureRespondent's Preliminary Objection to SuitCoramMATHEWS NDERI NDUMA
Holding
The suit was filed within the limitation period and the Employment Act, 2007 cannot operate retroactively.
Facts
The petitioners stopped working upon being declared redundant with effect from 1st April 2008. The suit was filed on 20th January 2012.
Issues
- Whether the suit was filed within the limitation period of the Employment Act, 2007
- Whether the Employment Act, 2007 can operate retroactively
Reasoning
The cause of action arose in May 2008 when the petitioners stopped working. The Employment Act, 2007 commenced operation on 2nd June 2008 and cannot operate retroactively.
Outcome
Preliminary Objection Dismissed
Authorities cited
Legislation (1)
- Employment Act, 2007
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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