Karuma v Kenya Power & Lighting Co. Limited (Cause E023 of 2023) [2023] KEELRC 1920 (KLR) (13 July 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1920
- Citation
- [2023] KEELRC 1920 (KLR)
- Decided
- 13 July 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent's Notice of Preliminary ObjectionsCoramM MBARŨ
Holding
The court dismisses the claim with costs, finding the claim time-barred and without jurisdiction.
Facts
Claimant was employed by Respondent from 1989 until February 4, 2020, when he was summarily dismissed. He filed suit on March 23, 2023, more than 3 years after the cause of action arose.
Issues
- Whether the court has jurisdiction to hear the claim due to time-barred nature of the employment dispute.
- Whether the claimant's employment was terminated by summary dismissal and if so, whether the claimant's suit is timely filed.
Reasoning
The claim is time-barred as it was filed more than 3 years after the cause of action arose, and the court lacks jurisdiction to hear the claim due to the time-barred nature.
Outcome
Claim dismissed with costs
Authorities cited
Legislation (2)
- Employment Act, 2007
- Public Authorities Limitations Act
Cases cited (8)
- Joel Kiprono Langat v Kenya Posts & Telecommunications Corporation
- Nyabuto Arambe Abusa v Kenya Power & Lighting Co. Limited
- Attorney General & another v Andrew Maina Githinji & another
- Samuel Kamau Macharia & another v Kenya Commercial Bank Limited & 2 others
- Kibe v Attorney General (Civil Appeal No 164 of 2000)
- Beatrice Kahai Adagala v Postal Corporation of Kenya
- Divecon Limited v Samani
- Josephat Ndirangu v Henkel Chemicals (EA) Limited
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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