Lilian Njeri Mbugua v Principal Secretary Board of Management Cheptoroi Secondary School [2019] KEELRC 2566 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2566
- Citation
- [2019] KEELRC 2566 (KLR)
- Decided
- 28 February 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent filed preliminary objections on the grounds that the suit is time barred.CoramM. Mbaru
Holding
The suit is not time barred and is within the prescribed period.
Facts
The claimant, Lilian Njeri Mbugua, was employed by the respondent, Cheptoroi Secondary School, from January 1984 to September 30, 2013. The claimant filed a memorandum of claim seeking payment of leave allowances and other benefits.
Issues
- Whether the claim filed is time barred under the provisions of section 90 of the Employment Act, 2009.
Reasoning
The Employment Act provides that disputes arising from employment should be lodged within three years from the date the cause of action arose. The claimant filed the suit within this period.
Outcome
The suit is not dismissed.
Orders
- The objections that the suit is filed contrary to the provisions of section 90 of the Employment Act are dismissed with costs to the claimant.
Remedies
- The claimant's claims for payment of leave allowances, gratuity, notice, leave allowance, and unpaid salaries are heard in their merits.
Authorities cited
Legislation (2)
- Employment Act, 2009
- Public Authorities Limitation Act
Cases cited (1)
- Divercon Limited versus 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.
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