Joseph Charles Mboko v Teachers Service Commission [2018] KEELRC 1595 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1595
- Citation
- [2018] KEELRC 1595 (KLR)
- Decided
- 6 July 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLimitation of ActionsPostureRespondent raised a preliminary objection to the claim that the claim was filed outside the limitation period provided for under Section 90 of the Employment Act.CoramABUODHA J. N.
Holding
The court upholds the preliminary objection and strikes out the claim as incompetent with costs to the respondent.
Facts
The claimant was dismissed from service on 24th March, 2010, and appealed against the dismissal. The decision refusing his appeal was communicated to him by a letter dated 8th July, 2010.
Issues
- Whether the claim was filed within the limitation period provided for under Section 90 of the Employment Act.
- Whether the respondent's reliance on the Court of Appeal's decision in Divecon Vs Samani [1995-1998] 1EA 48 was valid.
Reasoning
The respondent relied on the Court of Appeal's decision in Divecon Vs Samani [1995-1998] 1EA 48 and section 90 of the Employment Act to argue that the claim was filed outside the limitation period. The court upheld the objection and dismissed the claim.
Outcome
The claim was struck out as incompetent with costs to the respondent.
Orders
- The claim was struck out as incompetent with costs to the respondent.
Authorities cited
Legislation (2)
- Employment Act
- Limitation of Actions Act
Cases cited (1)
- Divecon Vs Samani [1995-1998] 1EA 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.
Loading judgment…