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Abere v Wakenya Pamoja Sacco Society Limited (Miscellaneous Case E008 of 2025) [2025] KEELRC 1808 (KLR) (18 June 2025) (Ruling)

[2025] KEELRC 1808 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1808
Citation
[2025] KEELRC 1808 (KLR)
Decided
18 June 2025
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

TypeMiscellaneous CasePostureEx Parte Application to file a suit out of timeCoramNZIOKI WA MAKAU
The Court deferred ruling and granted leave to file a suit ex debito justitiae.

Facts

Dorothy Mongina Abere was employed as a teller by Wakenya Pamoja Sacco Society Limited in July 2010 and was terminated in November 2011. She claims she was pregnant at the time of termination and suffered stress-related issues.

Issues

  • Whether the Applicant can file a suit out of time due to the limitation period under the Employment Act

Reasoning

The Court deferred ruling due to the limitation period under the Employment Act, which requires the suit to be filed within three years of the act complained of or twelve months of the cessation of continuing injury or damage.

Outcome

The Court granted leave to file a suit ex debito justitiae.

Orders

  • Leave granted to file a suit ex debito justitiae

Authorities cited

Legislation (2)
  • Employment Act 2007
  • Limitation of Actions Act 2002
Cases cited (1)
  • Beatrice Kahai Adagala v Postal Corporation of Kenya (Civil Appeal (Application) 28 of 2014) [2015] KECA 257 (KLR)
⚠ 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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