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Johnson Shijenje v Mutula Kilonzo Junior & another [2019] KEELRC 80 (KLR)

[2019] KEELRC 80 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
80
Citation
[2019] KEELRC 80 (KLR)
Decided
6 December 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondents' preliminary objection upheld; claimant awarded certificate of serviceCoramBYRAM ONGAYA
Holding

The claimant's prayers for pay in lieu of annual leave and house allowance throughout employment are time barred and the prayers will fail accordingly. The respondents are ordered to deliver a certificate of service to the claimant by 12/20/2019.

Facts

Claimant Johnson Shijenje was employed as an advocate from March 2010 to August 2014. He claimed unpaid salary, house allowance, and certificate of service.

Issues

  1. Time-barred nature of claim for house allowance and annual leave pay
  2. Claimant's entitlement to certificate of service

Reasoning

The suit was filed after the 12-month limitation period prescribed by section 90 of the Employment Act, 2007. The claimant's claims for house allowance and annual leave pay were deemed continuing injuries, and the respondents acknowledged the claims.

Outcome

Claimant awarded certificate of service, respondents ordered to pay costs.

Orders

  • Respondents to deliver a certificate of service to the claimant by 20.12.2019

Remedies

  • Certificate of service

Authorities cited

Legislation (1)
  • Employment Act, 2007
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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