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Fredrick Yaa Charo v County Government of Kilifi [2021] KEELRC 626 (KLR)

[2021] KEELRC 626 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
626
Citation
[2021] KEELRC 626 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeReinstatement ApplicationPostureClaimant seeks reinstatement of dismissed claimCoramB. O. M. Manani
Holding

The claim abated due to the death of the claimant, and the legal representatives should have been joined within a year of his death.

Facts

Claimant Fredrick Yaa Charo's claim was dismissed by the court after his death in June 2018, but the court could not find any proceedings indicating a dismissal.

Issues

  1. Whether the claim abated due to the death of the claimant
  2. Whether the claimant's legal representatives should have been joined within a year of his death

Reasoning

The court ruled that the claim abated by operation of law one year after the claimant's death, and the legal representatives should have been joined within a year of his death.

Outcome

Application dismissed with costs

Authorities cited

Legislation (4)
  • Civil Procedure Act
  • Judicature Act
  • Law Reform Act
  • Employment and Labour Relations Court Act
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.
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