Geoffrey Mudanya v Muthaiga Golf Club [2018] KEELRC 1605 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1605
- Citation
- [2018] KEELRC 1605 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for leave to file suit out of timeCoramAbuodha Jorum Nelson
Holding
The application is dismissed with no order as to costs
Facts
The applicant was unlawfully terminated by the respondent on 10th June, 2003. The matter was referred to the Ministry of Labour for conciliation after the union KUDHEIHA initiated the process through a letter dated 16th December, 2004. The Ministry of Labour made findings and recommendations on 16th August, 2009.
Issues
- Whether the applicant can file a suit out of time
- Whether the applicant's file moved from the union to the law firm of Bower Mahiu & Co and remained there until 2015
Reasoning
Section 90 of the Employment Act does not allow for extension of time once it has lapsed. The courts' hands are therefore tied and the application inevitably fails.
Outcome
Dismissed
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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