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Peter Waweru Mburu v Tusker Mattresses Limited [2018] KEELRC 625 (KLR)

[2018] KEELRC 625 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
625
Citation
[2018] KEELRC 625 (KLR)
Decided
16 November 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent filed preliminary objection on statute bar and territorial jurisdictionCoramONESMUS N. MAKAU
Holding

Preliminary objection dismissed with no costs.

Facts

Claimant was suspended for 2 weeks in October 2012 and charged with a criminal case. He was acquitted in December 2017. He did not report to work and was not paid during the trial.

Issues

  1. Whether the preliminary objection meets the threshold for a preliminary objection.
  2. Whether the suit is statute barred.
  3. Whether the court lacks territorial jurisdiction.

Reasoning

The court finds the preliminary objection does not meet the threshold for a valid preliminary objection as it requires evidence to prove the cause of action arose earlier than December 2017.

Outcome

Suit proceeds to full trial.

Orders

  • Preliminary objection dismissed with no costs.
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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