Odhiambo v Colombia Developers [K] Limited (Cause E147 of 2022) [2023] KEELRC 217 (KLR) (31 January 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 217
- Citation
- [2023] KEELRC 217 (KLR)
- Decided
- 31 January 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureRespondent filed a Notice of Preliminary ObjectionCoramJ. Rika
Holding
The Court declines the Preliminary Objection and orders costs in the cause.
Facts
Claimant Benson Odhiambo was employed as a Projects Manager by Respondent Colombia Developers [K] Limited from July 1, 2013, on a monthly salary of Kshs 100,000. He last received a salary in April 2016, and claims arrears of salary, allowances, leave, and statutory contributions from May 2016 until May 2022.
Issues
- Whether the Claim is time-barred under Section 90 of the Employment Act, 2007
- Whether the Claimant is still an employee entitled to salary and allowances in arrears
Reasoning
The Court finds that the dispute is not a pure point of law but relates to disputed facts. The Claimant's claim that he is still employed after 6 years since his last salary is unlikely, but he must be granted a hearing.
Outcome
The Preliminary Objection is declined.
Orders
- Preliminary Objection is declined.
- Costs in the cause.
Authorities cited
Legislation (1)
- Employment Act, 2007
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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