Everline Nyakerario v Professional Clean Care Limited [2018] KEELRC 980 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 980
- Citation
- [2018] KEELRC 980 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent filed a Notice of Preliminary Objection to the suit seeking to strike out the suit on the grounds of statute bar and incompetence.CoramONESMUS N. MAKAU
Holding
The suits are Statute barred as they were filed out of time.
Facts
The claimants' contracts of service were terminated on 30.11.2014, and they filed their suits on 1.12.2017, seeking terminal dues and compensation for unfair termination.
Issues
- whether the suits are Statute barred
- whether the suit is incompetent, fatally defective and unsustainable in law
Reasoning
The cause of action arose on 30.11.2014, and under Section 90 of the Employment Act, no civil action can be instituted unless commenced within three years next after the act, neglect or default complained of. The last date for filing the suit was 30.11.2017, which fell on a non-excluded day.
Outcome
The suits are struck out with no costs.
Orders
- The suits are struck out
Authorities cited
Legislation (2)
- Employment Act
- Interpretation and General Provisions Act
Cases cited (2)
- Mukhisa Biscuits Manufacturing Co. Ltd. –vs- West End Distributors Ltd. [1969] E.A. 696
- Attorney General & Another –vs- Andrew Maina Githinji & Another
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.
Loading judgment…