David Kizito Makokha v G4s Kenya Limited [2021] KEELRC 2356 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2356
- Citation
- [2021] KEELRC 2356 (KLR)
- Decided
- 4 March 2021
Summary at a glance
The claim is time barred and the court denied jurisdiction to hear and determine the claim
Facts
Claimant was arrested on 29 May 2014 and remained in custody for 21 days. He was issued with a letter terminating employment on 20 June 2014. Claimant filed suit on 5 December 2017.
Issues
- Whether the claim is time barred under section 90 of the Employment Act
- Whether the court has jurisdiction to entertain the claim
Reasoning
The court held that the claimant's cause of action arose on 20 June 2014, and he filed the suit on 5 December 2017, which was beyond the 3-year limitation period under section 90 of the Employment Act.
Outcome
The suit is hereby struck out
Orders
- The suit is hereby struck out
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