Mark Theophil Odero Adoyo v KCB Group PLC [2022] KEELRC 731 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 731
- Citation
- [2022] KEELRC 731 (KLR)
- Decided
- 24 February 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication to strike out claimsPostureRespondent's application to strike out claims from the Claimant's Statement of ClaimCoramLINNET NDOLO
Holding
The application is declined with costs, and the claims are not struck out at this interlocutory stage.
Facts
The Claimant left the Respondent's employment on 31st July 2019, and the causes of action in issue arose on 11th September 2017. The Respondent seeks to strike out claims for MBA refunds, paternity leave, sick leave, health club membership, 4% disability, 2016 bonus balance, medical maternity bill, account 1100xxxx, ensuring that Mobi works, Mobi Tests refund, C2B M-PESA charges, USSD charges, salary not paid, and bonus forgone.
Issues
- Whether the claims are time-barred under the Employment Act and Limitation of Actions Act
- Whether the claims are an abuse of the court process
Reasoning
The central question is when the causes of action arose. The claims are not time-barred, and the application is declined.
Outcome
Declined with costs
Orders
- The application is declined with costs in the cause.
Authorities cited
Legislation (2)
- Employment Act (2007)
- Limitation of Actions Act, Cap 22 of the Laws of Kenya
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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