Mutua v Kenya Ports Authority (Cause 2 of 2020) [2022] KEELRC 1609 (KLR) (28 July 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1609
- Citation
- [2022] KEELRC 1609 (KLR)
- Decided
- 28 July 2022
Summary at a glance
TypeLabor DisputePostureAppeal from a judgment striking the case out as statute barredCoramAGNES KITIKU NZEI
The court finds and holds that the claimant's suit is statute barred and is hereby struck out with no order as to costs.
Facts
The claimant worked for the respondent for 22 years and 21 days, with periods as casual employee, continuous renewable contract employee, and permanent and pensionable employee. He was paid pension dues but not terminal benefits for the casual period.
Issues
- Whether the claimant is entitled to terminal benefits for the period as a casual employee
- Whether the claimant is entitled to pending service gratuity
Reasoning
The court established that the claimant's cause of action is statute barred, and thus has no jurisdiction to entertain the suit.
Outcome
The claimant's suit is struck out with no order as to costs.
Orders
- The claimant's suit is struck out as statute barred
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