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Nabwayo v SBM Bank (Kenya) Limited & 3 others (Cause 986 of 2023) [2024] KEELRC 2215 (KLR) (19 September 2024) (Ruling)

[2024] KEELRC 2215 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2215
Citation
[2024] KEELRC 2215 (KLR)
Decided
19 September 2024
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

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

Legislation (3)
  • Employment Act
  • Constitution of Kenya
  • Employment and Labour Relations Court Act
Cases cited (2)
  • Banking Insurance & Finance Union (Kenya) v Consolidated Bank of Kenya Limited (Industrial Court Cause No 900 of 2012)
  • Abraham Nyambane Atsiago v Barclays Bank of Kenya [2013] eKLR
⚠ 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.
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