Karogo v Karen Hospital Limited t/a The Karen Hospital (Cause 1216 of 2018) [2023] KEELRC 567 (KLR) (2 March 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 567
- Citation
- [2023] KEELRC 567 (KLR)
- Decided
- 2 March 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePreliminary ObjectionPostureRespondent's preliminary objection to claimant's claim for statute bar
Holding
The claimant's claim is statute barred and is struck out
Facts
Claimant resigned from employment on April 1, 2015, and filed his claim on July 19, 2018.
Issues
- Whether the claimant's claim is statute barred by section 90 of the Employment Act
- Whether the court has discretion to extend the limitation period
Reasoning
The Employment Act limits claims to three years from the date of resignation. The court cannot extend this period due to the mandatory nature of the statute.
Outcome
Claimant's claim is struck out
Orders
- Claimant's claim is struck out
Authorities cited
Legislation (2)
- Employment Act
- Limitation of Actions Act
Cases cited (3)
- 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.
Loading judgment…