Wanjau v Dedan Kimathi University of Technology (Employment and Labour Relations Petition E007 of 2022) [2023] KEELRC 846 (KLR) (13 April 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 846
- Citation
- [2023] KEELRC 846 (KLR)
- Decided
- 13 April 2023
Summary at a glance
TypeEmployment and Labour Relations PetitionPostureRespondent's Notice of Preliminary ObjectionCoramON MAKAU
The court is satisfied that the objection by the respondent raises a pure point of law and lacks jurisdiction over the stale claim.
Facts
The petitioner was a part-time lecturer at the respondent university from March 2018 to January 30, 2019, when he was constructively dismissed. The suit was filed on September 29, 2022, 8 months after the cause of action arose.
Issues
- Whether objection raised pure points of law.
- Whether claim is time barred.
- Whether the petition meets the threshold for a Constitutional claim.
Reasoning
The court held that the claim is time barred under section 90 of the Employment Act, as the suit was filed 8 months after the cause of action arose.
Outcome
The petition was struck out.
Orders
- The petition was struck out on the grounds that the claim is time barred and the court lacks jurisdiction.
Authorities cited
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