Chege & 62 others v Put Sarajevo General Engineering Company (Miscellaneous Application E256 of 2023) [2024] KEELRC 712 (KLR) (4 April 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 712
- Citation
- [2024] KEELRC 712 (KLR)
- Decided
- 4 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication to extend limitation period
Holding
The Court declines the application and finds the Applicants' claim statute barred.
Facts
Chege & 62 others were former employees of Put Sarajevo General Engineering Company. The Respondent unilaterally suspended their salaries and wages in November 2017 without lawful cause. The Applicants sought to recover unpaid salaries through a constitutional petition in Kisumu ELRC.
Issues
- Whether the Court can extend the limitation period for filing the Applicants' claim
- Whether the Applicants' claim is barred by limitation
Reasoning
The Court follows the binding decision in Beatrice Kahai Adagala v Postal Corporation of Kenya, stating that Section 90 of the Employment Act does not allow for extension of time.
Outcome
Application declined
Orders
- Each party to bear their own costs
Authorities cited
Legislation (2)
- Employment Act 2007
- Limitation of Actions Act
Cases cited (2)
- Beatrice Kahai Adagala v Postal Corporation of Kenya [2015] eKLR
- Divecon Limited v Samani [1995-1998] 1 EA P. 48
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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