Peris Maina v Nairobi City Water & Sewarage Company Limited [2018] KEELRC 1949 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1949
- Citation
- [2018] KEELRC 1949 (KLR)
- Decided
- 31 May 2018
The claimant's suit is time-barred as the cause of action accrued on 02.07.2008 and the suit was filed on 03.07.2015 outside the three years of limitation prescribed under the Employment Act, 2007.
Facts
Claimant was employed by respondent on 16.09.2005 but effective 01.09.2015. Claimant was suspended on 23.01.2008 for alleged fraud and dismissed on 02.07.2008. Claimant appealed on 02.02.2011, which was disallowed on 27.09.2013.
Issues
- Time-barred claim
- Cause of action accrual
Reasoning
The Court follows the holding in Hilarion Mwabolo v Kenya Commercial Bank [2013]eKLR (Ndolo J) that the cause of action accrues from the date of termination as stated in the termination letter. The administrative appeal proceedings did not postpone the running of the time of limitation.
Outcome
Claimant's memorandum of claim is hereby struck out with costs.
Orders
- Claimant's memorandum of claim is struck out
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (1)
- Hilarion Mwabolo v Kenya Commercial Bank [2013]eKLR (Ndolo J)
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