Nabwayo v SBM Bank (Kenya) Limited & 3 others (Cause 986 of 2023) [2024] KEELRC 2215 (KLR) (19 September 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2215
- Citation
- [2024] KEELRC 2215 (KLR)
- Decided
- 19 September 2024
Summary at a glance
TypeLabor DisputePosturePreliminary ObjectionCoramL NDOLO
The Court upholds the 1st Respondent's Preliminary Objection and strikes out the Claimant's claim.
Facts
The claimant, Joyce Ayuma Nabwayo, alleged unfair termination and malicious prosecution by the 1st Respondent, SBM Bank (Kenya) Limited, and other respondents.
Issues
- Court's jurisdiction over the claim for unfair termination
- Court's jurisdiction over the claim for malicious prosecution
- Statute bar of the claim for unfair termination
Reasoning
The Court finds that the claim for unfair termination is statute barred under Section 90 of the Employment Act, and thus lacks jurisdiction to consider the claim in its entirety.
Outcome
Claim struck out
Orders
- Each party will bear their own costs
Authorities cited
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