Humphrey Mackori Nyagoe v Kenya Airports Authority & another [2019] KEELRC 458 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 458
- Citation
- [2019] KEELRC 458 (KLR)
Summary at a glance
TypePetition for Employment BenefitsPosturePetitioner seeks to recover underpaid terminal benefits and damages for alleged constitutional and human rights violations.CoramBYRAM ONGAYA
The preliminary objection is dismissed, and the petitioner is entitled to invoke his constitutional rights due to the continuing injury of underpayment of pension.
Facts
Petitioner was employed by the Aerodromes Department from 1977 to 1992 and then transferred to Kenya Airports Authority (KAA) in 1992. He claims he was underpaid terminal benefits and suffered ongoing underpayment of pension.
Issues
- Validity of the 2nd respondent's grounds of opposition
- Continuing injury under the Employment Act
Reasoning
The Court finds the petitioner's claim valid as the cause of action is active and the injury is continuing, allowing the petitioner to invoke constitutional rights.
Outcome
Preliminary objection dismissed, cause of action active, and petitioner entitled to invoke constitutional rights.
Orders
- Preliminary objection dismissed with costs
- Directions for expeditious determination of the petition
Remedies
- Recovery of underpaid terminal benefits and damages for constitutional violations
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…