Otieno v Texas Alarms (K) Limited (Cause E821 of 2021) [2023] KEELRC 1323 (KLR) (22 May 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1323
- Citation
- [2023] KEELRC 1323 (KLR)
- Decided
- 22 May 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent's preliminary objection to the Claimant's claim for unlawful termination and refusal to pay terminal benefitsCoramNZIOKI WA MAKAU
Holding
Claimant's claim is dismissed with costs to the Respondent
Facts
Claimant Charles Ondeng’ Otieno alleges his services were terminated by Respondent Texas Alarms (K) Limited on or about January 13, 2017, and he claims the Respondent unlawfully terminated his employment and refused to pay his terminal benefits.
Issues
- Claimant's claim is time-barred under section 90 of the Employment Act 2007
- Claimant did not seek leave of court before filing his pleadings
Reasoning
Claimant's claim is barred by limitation period specified in section 90 of the Employment Act 2007, as it was filed more than three years after the termination of his employment.
Outcome
Dismissed
Orders
- Claimant's claim is dismissed with costs to the Respondent
Authorities cited
Legislation (2)
- Employment Act 2007
- Limitation of Actions Act 2007
Cases cited (6)
- Mukisa Biscuit Manufacturing Company Limited v Westend Distributors Ltd (1969) EA 696
- Wilson Nyabuto Areri v Postal Corporation of Kenya (2018) eKLR
- Gathoni v Kenya Co-Operative Creameries Ltd (1982) KLR 104
- Iga v Makerere University (1972) EA
- G4S Security Services (K) Limited v Joseph Kamau & 468 others (2018) eKLR
- Owners of Motor Vessel Lillian 'S' v Caltex Oil (K) Ltd (1989) KLR 1
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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