Ndegwa v Kenya Railways Corporation (Cause E071 of 2022) [2022] KEELRC 12772 (KLR) (6 October 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 12772
- Citation
- [2022] KEELRC 12772 (KLR)
- Decided
- 6 October 2022
Summary at a glance
TypeDisciplinary ActionPostureRespondent's Motion to Strike Out the SuitCoramMathews N. Nduma
The suit is struck out with respect to all claims and reliefs founded on the surcharge and demotion of the claimant by the respondent.
Facts
The claimant Patrick Ndegwa was demoted from Job Grade 'M4' to 'S1' by the Kenya Railways Corporation on 15th November 2017. He was also charged with embezzlement and computer forgery/fraud. The claimant filed a statement of claim challenging the surcharge of his salary and demotion.
Issues
- Time Barred for Surcharge and Demotion
- Suspension Pending Criminal Charges
Reasoning
The claimant's suit is time barred for surcharge and demotion as it was filed more than four years after the cause of action arose. The respondent's suspension of the claimant pending criminal charges does not bar the claimant from filing suit.
Outcome
The suit is struck out.
Orders
- The suit is struck out with respect to all claims and reliefs founded on the surcharge and demotion of the claimant by the respondent.
- The rest of the suit to follow its normal course upon appropriate amendment of pleadings.
- Costs in the cause.
Authorities cited
⚠ 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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