Charles Makori Nyang’acha v African Reinsurance Corporation [2019] KEELRC 117 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 117
- Citation
- [2019] KEELRC 117 (KLR)
- Decided
- 19 December 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a dismissal rulingCoramByram Ongaya
Holding
The court dismissed the suit as time-barred and each party bears their own costs.
Facts
The plaintiff, Charles Makori Nyang’acha, was employed by the defendant, African Reinsurance Corporation, from February 2, 1998 to September 9, 2005. He was dismissed summarily on September 9, 2005. The plaintiff filed a suit for unpaid provident fund contributions, service benefits, and withheld money, claiming unfair dismissal.
Issues
- Time-barred suit
- Jurisdiction of the court
Reasoning
The court found the suit time-barred because it was filed more than six years after the dismissal, which is the limitation period under the Limitation of Actions Act. The court also dismissed the defendant's claim of diplomatic immunity.
Outcome
Appeal dismissed
Orders
- Dismissal of the suit
- Each party to bear own costs
Authorities cited
Legislation (2)
- Limitation of Actions Act, Cap 22 of the Laws of Kenya
- Privileges and Immunities (Africa Reinsurance Organisation) Order, 1989 Legal Notice No. 407 of 1989
Cases cited (2)
- Mercy Muhandia v Razor Tara [2018]eKLR
- Lucy Muingo Kusewa & Another v Embassy of Sweden, Nairobi (2017) 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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