John Kamau Wangari, Isaac Macharia & Peter Wachira v Nacico Co-operative Savings & Credit Society Ltd [2019] KEELRC 2268 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2268
- Citation
- [2019] KEELRC 2268 (KLR)
- Decided
- 15 February 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSummary JudgmentPostureRespondent filed a Notice of Preliminary ObjectionCoramRadido Stephen
Holding
The Court finds that the cause(s) of action presented are not subject to the limitation provision of the Employment Act, 2007.
Facts
Claimants were dismissed on 3 May 2007, and a trade dispute was reported to the Minister for Labour. The Minister appointed an Investigator, but the report was released on 13 May 2014.
Issues
- Limitation of Actions Act
- Employment Act, 2007
- Trade Disputes Act (repealed by Labour Relations Act)
Reasoning
The Employment Act, 2007 does not apply retrospectively to the cause of action presented by the Claimants. The applicable statute at the time of the dispute was the Trade Disputes Act, which did not allow direct court action.
Outcome
The Notice of Preliminary Objection is dismissed with no order as costs.
Orders
- Striking out the name of Isaac Macharia
Authorities cited
Legislation (3)
- Employment Act, 2007
- Labour Relations Act
- Trade Disputes 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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