Rose Lunani Lukorito v Teachers Service Commission [2019] KEELRC 2369 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2369
- Citation
- [2019] KEELRC 2369 (KLR)
- Decided
- 1 February 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAction to Set AsidePosturePreliminary ObjectionCoramHON. M. N. NDUMA
Holding
The court strikes out the entire suit as the suit was filed after the six-year limitation period.
Facts
The claimant was dismissed from employment on October 5, 2006, and the suit was filed on December 13, 2012, more than six years after the cause of action arose.
Issues
- Limitation of Actions Act
- Res Judicata
Reasoning
The court ruled that the six-year limitation period applies and the suit was filed after the expiration of the period, thus lacking jurisdiction.
Outcome
Strikes out the entire suit with no order as to costs.
Authorities cited
Legislation (1)
- Limitation of Actions Act
Cases cited (1)
- Nairobi Civil Appeal No. 147 of 1997; Divecon Limited -vs- Shirinkhanu Sadrudin Samani
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…