Julius Gikonyo Mwangi v National Water Conservation and Pipeline Corporation & another [2019] KEELRC 228 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 228
- Citation
- [2019] KEELRC 228 (KLR)
- Decided
- 5 December 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePosturePreliminary Objection Dismissed, Claim Struck OutCoramLINNET NDOLO
Holding
The Claimant's claim is time-barred and is struck out with no order for costs.
Facts
The Claimant, Julius Gikonyo Mwangi, was suspended without pay in December 2004 by the 1st Respondent, National Water Conservation and Pipeline Corporation. He filed a claim in November 2017 seeking a declaration that his suspension was unfair.
Issues
- Whether the Claimant's claim is time-barred under the Limitation of Actions Act, Cap 22, Laws of Kenya.
- Whether the Claimant's claim is governed by the six-year limitation period for actions founded on contract.
Reasoning
The cause of action arose in 2004, and the Claimant filed his claim in 2017, which is thirteen years later. The applicable limitation law is Section 4(1) of the Limitation of Actions Act, which provides a six-year limitation period for actions founded on contract. The court finds the claim out of time and dismisses it.
Outcome
Claim Struck Out
Orders
- Claim Struck Out with No Order for Costs
Authorities cited
Legislation (1)
- Limitation of Actions Act, Cap 22, Laws of Kenya
Cases cited (1)
- Divecon Ltd v Samani (1995-1998) EA
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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