Ondeche v Kenya Horticultural Exporters (1977) Limited (Cause E194 of 2023) [2024] KEELRC 1048 (KLR) (9 May 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1048
- Citation
- [2024] KEELRC 1048 (KLR)
- Decided
- 9 May 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLimitation of ActionsPostureRespondent's objection to the action on limitation of actions periodCoramBOM MANANI
Holding
The court finds that the preliminary objection by the Respondent on account of limitation of time has merit, and the suit is struck out with costs to the Respondent.
Facts
The Claimant seeks to enforce an award by the Director of Occupational Safety and Health, which was made on 18th December 2015, but the action was instituted on 10th March 2023, more than seven years later.
Issues
- Whether the action is time barred under section 90 of the Employment Act
- Whether the Employment Act provides for extension of the time set under section 90
Reasoning
The action is outside the timelines set under section 90 of the Employment Act, and the Employment Act does not provide for extension of the time set under the provision.
Outcome
The suit is struck out with costs to the Respondent.
Orders
- The suit is struck out
Authorities cited
Legislation (2)
- Employment Act
- Limitation of Actions Act
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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