Maweu v Safaricom Ltd (Appeal E128 of 2021) [2025] KEELRC 1441 (KLR) (15 May 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1441
- Citation
- [2025] KEELRC 1441 (KLR)
- Decided
- 15 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureClaimant seeks extension of time to file a claim and an appeal against the dismissal of his first application.CoramC. N. BAARI
Holding
Time under Section 90 of the Employment Act, 2007, cannot be extended. The claimant's motion is dismissed in its entirety.
Facts
The claimant seeks to extend the time to file a claim and an appeal due to lateness, but the respondent argues that the claim is time-barred under Section 90 of the Employment Act, 2007.
Issues
- Whether to extend time for the claimant to file a claim out of time.
- Whether to extend time for the claimant to lodge an appeal against the lower court's decision
Reasoning
The Court of Appeal in Beatrice Kahai Adagala v. Postal Corporation of Kenya (Civil Appeal (Application) 28 of 2014) [2015] KECA 257 (KLR) (6 November 2015) (Ruling) held that the Court's position regarding Section 90 has become a banal principle in our jurisprudence, reinforcing its mandatory application as a jurisdictional limitation.
Outcome
The claimant's motion is dismissed in its entirety.
Authorities cited
Legislation (2)
- Employment Act, 2007
- Limitation of Actions Act
Cases cited (1)
- Njunge v. Muasya (Appeal E040 of 2023) [2024] KEELRC 265 (KLR)
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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