Jotham Barasa Lusasi v Kenyatta National Hospital [2017] KEELRC 986 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 986
- Citation
- [2017] KEELRC 986 (KLR)
- Decided
- 14 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from a dismissal of an ex-parte Originating SummonsCoramAbuodha J. N.
Holding
The Court lacks jurisdiction to extend time once the period limited by the Act for filing cases based on the Act or employment contracts generally has lapsed.
Facts
The claimant filed an ex-parte Originating Summons on February 29, 2016, seeking to extend the time for filing cases based on the Employment Act or employment contracts.
Issues
- Whether the Employment and Labour Relations Court has jurisdiction to extend the time for filing cases based on the Employment Act or employment contracts once the period limited by the Act has lapsed.
- Whether the Court can extend the time for filing cases based on the Employment Act or employment contracts.
Reasoning
The Court reviewed the ex-parte Originating Summons and found that under section 90 of the Employment Act, the Court lacks jurisdiction to extend time.
Outcome
The application is dismissed with no order as to costs.
Orders
- The application is dismissed with no order as to costs.
Authorities cited
Legislation (1)
- Employment Act
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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