Wekesa v Office of Director of Public Prosecutions & 2 others (Cause E342 of 2022) [2023] KEELRC 767 (KLR) (28 March 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 767
- Citation
- [2023] KEELRC 767 (KLR)
- Decided
- 28 March 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureApplication to strike out claim for unfair termination and malicious prosecutionCoramDKN MARETE
Holding
The application is allowed, and the claim for unfair termination is struck out as time barred. The criminal proceedings are not a continuing injury under section 90 of the Employment Act, 2007.
Facts
The claimant was terminated from employment and subsequently acquitted in criminal proceedings. The claimant argues that the criminal proceedings were a continuing injury under section 90 of the Employment Act, 2007.
Issues
- Whether the claim for unfair termination is time barred
- Whether the criminal proceedings are a continuing injury under section 90 of the Employment Act, 2007
Reasoning
The criminal proceedings were separate from employment issues and not a continuing injury under section 90 of the Employment Act, 2007. The claim was brought out of the limitation period provided for under section 90 of the Employment Act, 2007.
Outcome
The claim for unfair termination is struck out.
Orders
- Each party to bear their costs
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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