John Mathu Ndung’u v B.O.M Ihwa Secondary School [2018] KEELRC 2228 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2228
- Citation
- [2018] KEELRC 2228 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePosturePreliminary ObjectionCoramNzioki wa Makau
Holding
The preliminary objection is dismissed with costs to the claimant.
Facts
The claimant, John Mathu Ndung'u, filed a suit against the respondent, B.O.M Ihwa Secondary School, alleging a labor dispute. The respondent raised a preliminary objection claiming the suit was time-barred.
Issues
- Statutory time-barredness of the suit
- Proper raising of preliminary objections
Reasoning
The court held that the respondent did not file any pleadings and that the preliminary objection raised was not properly raised. The court ruled that the issue of limitation was not clear and dismissed the objection.
Outcome
Claimant's suit is not time-barred.
Orders
- Preliminary objection dismissed
Authorities cited
Legislation (2)
- Employment Act, 2007
- Public Authorities Act, Cap. 39 Laws of Kenya
Cases cited (2)
- Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors (1969) EA 696
- Attorney General & Another v Andrew Maina Githinji & Another (2016) 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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