Muraya & 4 others v Judicial Service Commission (Employment and Labour Relations Cause E003 of 2022) [2023] KEELRC 2849 (KLR) (9 November 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2849
- Citation
- [2023] KEELRC 2849 (KLR)
- Decided
- 9 November 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from an original trialCoramBOM MANANI
Holding
The suit is not time barred as the cause of action accrued on 22nd December 2021, and the action was commenced within the period stipulated under section 90 of the Employment Act.
Facts
The Respondent terminated the Claimants' contracts of service on 22nd December 2021 due to a fraud involving the loss of Ksh. 80,013,302.00. The Claimants were charged with conspiracy to commit a felony, but were acquitted. The Respondent's IFMIS and IMS systems were hacked, and the Claimants' credentials were used to access the accounts.
Issues
- Whether the claim by the 2nd Claimant is time barred.
- Whether the decision to terminate the Claimants' employment contracts was lawful.
- Whether the parties are entitled to the orders that they seek through their respective pleadings.
Reasoning
The court determined that the cause of action accrued on 22nd December 2021, when the contract of service was terminated, and the action was instituted within the statutory period.
Outcome
The appeal is dismissed.
Authorities cited
Legislation (2)
- Employment Act
- Judicial Service Act
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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