Mwei v National Cereals & Produce Board (Employment and Labour Relations Cause E004 of 2022) [2023] KEELRC 381 (KLR) (3 February 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 381
- Citation
- [2023] KEELRC 381 (KLR)
- Decided
- 3 February 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureRespondent's preliminary objection upheldCoramNJ ABUODHA
Holding
The claimant's claim is incompetent on account of limitation of time and is therefore struck out.
Facts
Claimant filed a statement of claim seeking to enlarge the period for the Statement of Claim to be filed, but the Respondent filed a preliminary objection.
Issues
- Whether the court has jurisdiction to enlarge time
- Whether the claim is statute barred by operation of Section 90 of the Employment Act, 2007
Reasoning
The court held that the claim is statute barred by operation of Section 90 of the Employment Act, 2007, as the claim was filed over six years after the cause of action arose.
Outcome
The claimant's claim is struck out.
Orders
- Each party to bear its own costs
Authorities cited
Legislation (2)
- Employment Act, 2007
- Limitation of Actions Act
Cases cited (3)
- James Mugeria Igati v Public Service Commission
- Beatrice Kahai Adagala v Postal Corporation of Kenya
- John Kiiru Njiiri v University of Nairobi
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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