Bernard Kamau Kariuki & 37 others v Kenya Planters Co-operative Union [2018] KEELRC 962 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 962
- Citation
- [2018] KEELRC 962 (KLR)
- Decided
- 12 October 2018
Summary at a glance
TypeEmployment & Labour RelationsPostureRespondent's Preliminary Objection to be DeterminedCoramONESMUS N. MAKAU
The suit is statute barred as it was filed more than 3 years after the act, neglect or default complained of.
Facts
The claimants were employed by the respondent until 19.10.2009 when the employer was placed under receivership. The suit was filed 8 years after the alleged dues accrued.
Issues
- Whether the Preliminary Objection qualifies to be determined in limine.
- Whether the suit is Statute barred.
Reasoning
The suit was filed 8 years after the dues accrued, and the limitation period of 3 years under Section 90 of the Employment Act had lapsed on 19.10.2012.
Outcome
The suit is struck out for being Statute barred.
Orders
- Preliminary Objection by the respondent is upheld.
- The suit is struck out for being Statute barred.
Authorities cited
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