Rosemary Kanyua Gitonga v Kenya Power & Lighting Co Ltd [2020] KEELRC 435 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 435
- Citation
- [2020] KEELRC 435 (KLR)
- Decided
- 25 September 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeContract DisputePostureApplication for leave to file suit out of timeCoramRadido Stephen
Holding
The court finds it has no power to grant leave to sue out of time.
Facts
Rosemary Kanyua Gitonga applied for voluntary early retirement from Kenya Power & Lighting Co. Ltd. on 2 April 2015. She filed a motion seeking leave to file suit out of time on 14 January 2020, alleging health challenges prevented her from filing suit in time.
Issues
- Whether the court has the power to grant leave to file suit out of time in contractual claims.
- Whether the court has jurisdiction to extend time to enable the respondent to file the suit in the first place.
Reasoning
The court held that the applicant did not meet the 3-year limitation period under section 90 of the Employment Act, 2007. The court also cited previous decisions that the court lacks jurisdiction to extend the time to file suit.
Outcome
The motion is dismissed.
Authorities cited
Legislation (2)
- Employment Act, 2007
- Limitation of Actions Act (Chapter 22)
Cases cited (3)
- Divecon v Samani (1995 -1998) EA 48
- Kenya Airports Authority v Shadrack Abraham Kisongochi (2016) eKLR
- Attorney General & Ar vs Andrew Maina Githinji & Ar (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.
Loading judgment…