David Mwoni Kiema v Kenya Defence Forces & 2 others [2018] KEELRC 1930 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1930
- Citation
- [2018] KEELRC 1930 (KLR)
- Decided
- 27 April 2018
Summary at a glance
TypeMiscellaneous ApplicationPostureClaimant seeks leave to file suit out of time and for costs.CoramHON. LADY JUSTICE HELLEN WASILWA
The application has no merit and is dismissed as time barred.
Facts
Claimant David Mwoni Kiema filed a suit against Kenya Defence Forces, Principal Secretary Ministry of Defence, and Attorney General. The suit was withdrawn, and the claimant filed a new application after four years.
Issues
- Whether the claimant's delay in filing the suit was intentional.
- Whether the claimant has a plausible explanation for the delay.
- Whether the claimant has demonstrated continuing injury or damage.
- Whether the claimant's case is covered by the Employment Act 2007.
Reasoning
The Employment Act 2007 requires a suit to be filed within three years of the act, neglect, or default complained of, or within twelve months of the cessation of continuing injury. The claimant's delay is not covered by the Act's provisions for continuing injury.
Outcome
Application dismissed.
Orders
- Application dismissed.
- Suit for being time barred dismissed.
Authorities cited
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