Thuita v Dedan Kimathi University of Technology (Cause 193 of 2019) [2024] KEELRC 208 (KLR) (9 February 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 208
- Citation
- [2024] KEELRC 208 (KLR)
- Decided
- 9 February 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePreliminary ObjectionPostureRespondent's Preliminary Objection to Strike Out ClaimCoramSC RUTTO
Holding
The claim is time barred and the court lacks jurisdiction to hear and determine the matter.
Facts
The claimant, Gladys Wanjiku Thuita, seeks payment of unpaid dues from Dedan Kimathi University of Technology. The dispute revolves around the payment of dues from May 2014 to August 2015.
Issues
- Whether the claim is time barred
- When the continuing injury ceased
Reasoning
The claim is for a continuing injury, which must be brought within 12 months after the cessation of the injury. The claim was filed one year after the cessation of the injury, thus being time barred.
Outcome
The Preliminary Objection is upheld and the claim is struck out for being time barred.
Orders
- The claim is struck out for being time barred
Authorities cited
Legislation (1)
- Employment Act, Section 90
Cases cited (5)
- James Murithii Ngotho v Judicial Service Commission (2012) eKLR
- Nyanamba O. Steve v Teachers Service Commission (2016) eKLR
- Peter Nyamai & 7 others v M.J Carke Limited (2013) eKLR
- Mark Gori Adoo v Pan African Trucks Equipment (K) Ltd (2020) eKLR
- G4S Security Services (K) Limited s Joseph Kamau & 468 others [2018] eKLR
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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