James Nyauma Nyandega v Bob Morgan Services Limited [2019] KEELRC 501 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 501
- Citation
- [2019] KEELRC 501 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSummary JudgmentPostureRespondent filed a preliminary objection on the ground that the suit was time barred under section 90 of the Employment Act, 2007.CoramBYRAM ONGAYA
Holding
The suit is dismissed as the preliminary objection is allowed.
Facts
The claimant was indefinitely suspended from duty on 22.05.2014 and later charged with a criminal offense of yard breaking and stealing. He was acquitted on 04.04.2017. The claimant filed the suit on 29.03.2018.
Issues
- Whether the indefinite suspension on 22.05.2014 amounted to summary dismissal.
- Whether the suit was time barred under section 90 of the Employment Act, 2007.
Reasoning
The Court finds that the claimant was summarily dismissed on 22.05.2014 due to the indefinite suspension. The suit was filed long after the 3-year limitation period under section 90 of the Employment Act, 2007.
Outcome
Dismissed
Orders
- The suit is dismissed with costs.
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (1)
- Attorney General & Another –Versus- Andrew Maina Githinji & Another [2016]eKLR
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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