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Angelina M. Kalola v Teachers Service Commission [2018] KEELRC 2222 (KLR)

[2018] KEELRC 2222 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2222
Citation
[2018] KEELRC 2222 (KLR)
Decided
13 March 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePosturePreliminary Objection to a ClaimCoramHellen S. Wasilwa
Holding

The claim is dismissed for want of prosecution due to being filed beyond the 3-year limitation period.

Facts

The Claimant, Angelina M. Kalola, was dismissed on May 16, 2012, and filed her claim on February 22, 2017, 4 years, 8 months, and 22 days later.

Issues

  1. Whether the Court has jurisdiction to entertain the claim due to its being filed out of time.
  2. Whether the claim is barred by the limitation period under the Employment Act.

Reasoning

The Court dismissed the claim as it was filed more than 3 years after the dismissal, which is the date of the cause of action.

Outcome

Claim dismissed

Orders

  • The claim is dismissed for want of prosecution

Authorities cited

Legislation (2)
  • Employment Act 2007
  • Limitation of Actions Act
Cases cited (1)
  • Re The Matter of the Interim Independent Electoral Commission (2011) eKLR
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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