Fred Nyambera v Kenya Post Office Saving Bank [2019] KEELRC 559 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 559
- Citation
- [2019] KEELRC 559 (KLR)
Summary at a glance
TypeMiscellaneous ApplicationPostureApplicant seeks leave to file suit out of time.CoramRika
The application to file the suit is granted since time has not run out. The suit is not yet time barred.
Facts
Applicant was suspended from employment on 11 March 2015 due to a criminal charge, acquitted on 14 December 2016, and the suit was filed out of time.
Issues
- Whether the applicant's suit is time barred under Section 90 of the Employment Act, 2007.
- Whether the court has jurisdiction to enlarge time on causes founded on employment contract.
Reasoning
The criminal case was concluded in the applicant's favour on 14 December 2016, and the cause of action crystallized upon acquittal. The three years period has not elapsed.
Outcome
Granted
Orders
- Leave to file suit out of time granted.
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.
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