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Paul Mutua Mang’eng’e v New Kimutwa Butchery Limited [2020] KEELRC 1654 (KLR)

[2020] KEELRC 1654 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1654
Citation
[2020] KEELRC 1654 (KLR)
Decided
13 February 2020
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeEmployment DisputePostureRespondent filed a notice of preliminary objection, claiming the suit is time barred.CoramHon. Lady Justice Maureen Onyango
The court found the claim unequivocally pleaded that the cause of action arose in 2009, and thus the claim is not statute barred.

Facts

Claimant Paul Mutua Mang’eng’e alleged he was terminated from employment in 2009 due to unpaid leave. He filed a suit in 2015, and the respondent argued the suit was time barred.

Issues

  • Whether the preliminary objection is valid.
  • Whether the claim is statute barred.

Reasoning

The court determined the claimant's cause of action arose in 2009, and since the suit was filed in 2015, it was within the three-year limitation period.

Outcome

The court dismissed the respondent's notice of preliminary objection.

Authorities cited

Legislation (2)
  • Employment Act, 2007
  • Limitations of Actions Act, Cap 22
Cases cited (2)
  • Mukhisa Biscuit Manufacturing Company Limited v West End Distributors Company Limited (1969) E. A 696
  • Employment Act 2007
⚠ 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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