Wilson Remoi Lule v Attorney General (Cause 294 of 2016) [2019] KEELRC 955 (KLR) (Employment and Labour) (2 August 2019) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 955
- Citation
- [2019] KEELRC 955 (KLR)
- Decided
- 2 August 2019
The Court found that the claim is time barred due to the limitation period in the Public Authorities Limitation Act, and the employment termination was not unfair.
Facts
The Claimant, Wilson Remoi Lule, was employed by the Ministry of Provincial Administration and Internal Security as an area chief of the Ol Moran location. He was compulsorily retired on 3 April 2006 due to poor performance, lack of cooperation, and failing to implement government policy. The Claimant filed a suit seeking reinstatement, severance pay, and other damages.
Issues
- whether the claim is time barred
- whether the Claimant's employment was unfairly terminated
- whether the Claimant is entitled to the reliefs sought
Reasoning
The Court ruled that the claim is statute barred as it was filed more than three years after the cause of action accrued. The Court also noted that the termination was justified under the Employment Act, 1976.
Outcome
The claim is dismissed.
Authorities cited
Legislation (2)
- Public Authorities Limitation Act
- Employment Act, 1976
Cases cited (2)
- Bosire Ogero v Royal Media Services
- Stephen Onyango Achola & Another vs. Edward Hongo Sule and Another
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