Ndiege v Judicial Service Commission (Cause 793 of 2019) [2021] KEELRC 1454 (KLR) (23 February 2021) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1454
- Citation
- [2021] KEELRC 1454 (KLR)
- Decided
- 23 February 2021
Summary at a glance
TypeEmployment DisputePostureRespondent's Notice of Preliminary ObjectionCoramM Mbare
The court dismissed the claim as time barred and found that the claimant's rights to sue had lapsed.
Facts
The claimant, James Otieno Ndiege, was suspended from duty on August 16, 2016, due to alleged misconduct. He was entitled to an alimentary allowance during the suspension. The disciplinary committee dismissed him on March 27, 2019, and he filed the suit on November 28, 2019.
Issues
- Whether the claim is time barred under section 90 of the Employment Act of 2007.
- Whether the claimant's cause of action is based on the failure to pay the alimentary allowance after the suspension.
Reasoning
The court held that the claimant's cause of action arose from the suspension on August 16, 2016, and was filed over 3 years later, making it time barred. The court also found that the claim was an abuse of the court process as it was not for unlawful or unfair termination but for the alimentary allowance.
Outcome
The claim was dismissed with costs.
Orders
- The claim was dismissed with costs.
- The claimant's rights to sue were found to have lapsed.
Authorities cited
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