Mutiso v Kenya Law Reform Commission (Cause E429 of 2023) [2024] KEELRC 1063 (KLR) (25 April 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1063
- Citation
- [2024] KEELRC 1063 (KLR)
- Decided
- 25 April 2024
Summary at a glance
TypeLabor DisputePostureClaimant's claim struck out due to statute barCoramLINNET NDOLO
Claimant's claim is statute barred and is struck out.
Facts
Claimant challenges her retirement from the Respondent's employment, claiming she is a person living with disability whose retirement age should be 65 years. The Respondent argues the claim is statute barred by section 90 of the Employment Act.
Issues
- Statute of limitations under Employment Act
- Estoppel by the Respondent
Reasoning
The Court held that the Respondent's claim is statute barred due to section 90 of the Employment Act, which limits claims to three years from the effective date of the termination.
Outcome
Claimant's claim is struck out.
Orders
- Each party will bear their own costs.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…