Munyua v ABSA Bank Kenya PLC (Miscellaneous Cause E157 of 2023) [2023] KEELRC 2941 (KLR) (17 November 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2941
- Citation
- [2023] KEELRC 2941 (KLR)
- Decided
- 17 November 2023
Summary at a glance
TypeMiscellaneous CausePostureApplication for leave to file petition out of timeCoramBYRAM ONGAYA
The Court dismisses the application with no orders on costs.
Facts
Oliver Thandi Munyua was a Branch Operations Officer at ABSA Bank Kenya PLC from 2008. He was summarily dismissed in 2018 and later subjected to criminal proceedings. The applicant seeks compensation from the respondent.
Issues
- Whether the Court should exercise discretion to grant leave for filing the petition belatedly
- Whether the time of limitation under section 90 of the Employment Act has lapsed
Reasoning
The Court finds no disabling ground for the applicant's failure to file the petition prior to the time of limitation. The Court considers that petitions are entertained despite periods of limitation, and the cause of action is found valid.
Outcome
Application dismissed
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…