Ndiga v Aquavita Limited (Cause E689 of 2024) [2025] KEELRC 2195 (KLR) (24 July 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2195
- Citation
- [2025] KEELRC 2195 (KLR)
- Decided
- 24 July 2025
Summary at a glance
TypeLabor DisputePostureRespondent filed a Notice of Preliminary ObjectionCoramLINNET NDOLO
The Court finds the claims for unpaid leave, house allowance, and sales commission statute barred and strikes them out with costs.
Facts
Claimant filed a Statement of Claim seeking various reliefs including unpaid leave, house allowance, and sales commission. Respondent denied the claim and filed a Notice of Preliminary Objection.
Issues
- Whether the claims for unpaid leave, house allowance, and sales commission are statute barred.
- Whether the Respondent's Objection is valid based on the Employment Act
Reasoning
The Court ruled that the claims are statute barred as the Claimant filed the case after the twelve-month period for continuing wrongs as per Section 89 of the Employment Act.
Outcome
The claims for unpaid leave, house allowance, and sales commission are struck out with costs.
Orders
- The claims for unpaid leave, house allowance, and sales commission are struck out with costs.
Authorities cited
⚠ 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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