Njeru v Liberty Life Assurance Kenya Limited (Cause 589 of 2019) [2022] KEELRC 13073 (KLR) (2 November 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13073
- Citation
- [2022] KEELRC 13073 (KLR)
- Decided
- 2 November 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureRespondent's preliminary objection dismissedCoramJK GAKERI
Holding
The preliminary objection is incompetent and is dismissed with costs.
Facts
The claimant, Ngiema Dickmaxwell Njeru, claims to have been employed by the respondent, Liberty Life Assurance Kenya Limited, in March 2018, but was not issued with an appointment letter.
Issues
- Whether the parties had a contract of service or contract for services
- Whether the respondent has jurisdiction to hear the claimant's claim
Reasoning
The court found that the nature of the claimant's engagement is disputed and has to be ascertained by evidence, thus the preliminary objection cannot be raised.
Outcome
The respondent's preliminary objection is dismissed.
Orders
- The preliminary objection is dismissed with costs.
Authorities cited
Cases cited (2)
- Mukisa Biscuits Manufacturing Co Ltd v West End Distributors Ltd
- Independent Electoral and Boundaries Commission v Jane Cheperenger & 2 others
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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