Mellen Moraa Maiko v Board of Management, Marani Secondary School [2018] KEELRC 1594 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1594
- Citation
- [2018] KEELRC 1594 (KLR)
- Decided
- 5 July 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureRespondent filed a notice of preliminary objection claiming the suit is time barred.CoramHon. Lady Justice Maureen Onyango, Hon. Judge Mathews Nderi Ndoma
Holding
The claim is statute barred and is struck out with no orders for costs.
Facts
The claimant was last at work on 27th June 2011, and the suit was filed on 13th February 2017, more than five years after the cause of action arose.
Issues
- When time started running
- Whether the claim is time barred by Section 90 of the Employment Act
Reasoning
The court ruled that the claim is time barred under Section 90 of the Employment Act, as the cause of action accrued on 27th June 2011 and the suit was filed more than five years later.
Outcome
Struck out with no orders for costs
Authorities cited
Legislation (3)
- Employment Act
- Labour Relations Act
- Limitation of Actions Act
Cases cited (3)
- KENYA SCIENTIFIC RESEARCH INTERNATIONAL TECHNICAL AND ALLIED WORKERS UNION -V- RAINALD SCHUMCHER’S
- NICODEMUS MARANI -V- TIMSALES LIMITED
- FRED MUDAVE GOGO -V- G4S SECURITY SERVICES (K) LIMITED
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.
Loading judgment…