Christine Mbithe Muindu & 39 others v Barclays Bank of Kenya Limited [2019] KEELRC 268 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 268
- Citation
- [2019] KEELRC 268 (KLR)
- Decided
- 22 November 2019
The Petition is time barred and the Petition is dismissed with no orders for costs.
Facts
The petitioners ceased to be employed around 6 years ago and filed a petition alleging contravention of fundamental freedoms in Articles 20, 21, 27, 41, 43 and 47 of the Constitution of Kenya and contravention of the Constitution in Articles 2, 3 and 10 of the Constitution of Kenya.
Issues
- Whether the Petition is time barred.
- Whether the Petition as filed raises constitutional issues.
Reasoning
The Respondent submitted that the Petition is time barred as the Petitioners ceased to be employed around 6 years ago and the Employment Act requires an aggrieved party to institute employment and labour relations proceedings within 3 years of the act, neglect or default complained of. The Petitioners approached the court by way of petition to circumvent the provisions on limitation in Section 90 of the Employment Act.
Outcome
Dismissed with no orders for costs
Authorities cited
Legislation (3)
- Employment Act (No. 7 of 2007)
- Section 90 of the Employment Act
- Section 5(3) of the Employment Act
Cases cited (3)
- Gabriel Mutava and 2 Others –V- Managing Director Kenya Ports Authority and Another (supra)
- Peter Lubale Lubullellah vs. Kenya National Union of Teachers (2017) eKLR
- Peter Ndegwa Nderitu vs. Teachers Service Commission (2017) eKLR
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