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Robert Masika Simiyu v Civicon Company Limited [2018] KEELRC 2323 (KLR)

[2018] KEELRC 2323 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2323
Citation
[2018] KEELRC 2323 (KLR)
Decided
23 February 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant brought suit against Respondent alleging false imprisonment, malicious prosecution, and wrongful termination.CoramONESMUS MAKAU, LINNET NDOLO
Holding

The suit is dismissed with no order as to costs.

Facts

Claimant was employed as a turn boy by Respondent from October 10, 2010. He was arrested and charged with theft on October 11, 2011, but was acquitted on March 27, 2013. He reported back to work but was not called back until June 18, 2013, when he filed a demand letter.

Issues

  1. Whether the Respondent falsely imprisoned and maliciously prosecuted the Claimant.
  2. Whether the Respondent wrongfully and unfairly terminated the Claimant’s contract of service.
  3. Whether the Claimant is entitled to the reliefs sought.

Reasoning

The Court finds that the claim for damages for unfair termination of employment is time barred due to the statutory limitation period of 3 years.

Outcome

Dismissed with no order as to costs.

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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