Gitari v Kenyatta National Hospital (Cause E6556 of 2020) [2024] KEELRC 31 (KLR) (25 January 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 31
- Citation
- [2024] KEELRC 31 (KLR)
- Decided
- 25 January 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureClaimant's claim was struck out due to statute barCoramNDOLO, Makau
Holding
The claim is struck out and the interim order is vacated
Facts
Claimant was employed by Respondent as a Supply Chain Management Assistant and was advised of a store surplus and deficiency of Kshs. 2,501,433 on August 12, 2015. The claim was filed on December 22, 2020, more than 5 years after the accrual date.
Issues
- Whether the Claimant's claim is statute barred
- Whether the interim order was based on an incompetent claim
Reasoning
The claim was filed more than 5 years after the accrual date, constituting a statute bar under Section 90 of the Employment Act. The interim order was based on an incompetent claim.
Outcome
Claimant's claim is struck out
Orders
- Interim order vacated
- Each party bears their own costs
Authorities cited
Legislation (2)
- Employment Act
- Limitation of Actions Act
Cases cited (2)
- Joyce Wanjiku Muchiko & another v Telkom (K) Limited [2014] eKLR
- Nicodemus Marani v Timsales Limited [2014] 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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