Nyabuti v Electricity Generating Company Plc (Kengen) (Cause E097 of 2025) [2025] KEELRC 2571 (KLR) (25 September 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2571
- Citation
- [2025] KEELRC 2571 (KLR)
- Decided
- 25 September 2025
Summary at a glance
TypeLabor DisputePostureRespondent's Application to Strike Out Suit for Time-BarredCoramBOM MANANI
The court declines the Respondent's application and orders the date of termination to be determined at trial.
Facts
Claimant alleges constructive dismissal by Respondent, but Respondent argues the employment relationship was terminated on 10th September 2018 due to a letter of resignation. Claimant contests this, stating his letter was meant to resign from his trade union position.
Issues
- When was the contract of service between the parties terminated?
- Is the suit time-barred?
Reasoning
The court finds the date of termination contested and orders it to be determined at trial.
Outcome
The suit is not time-barred.
Orders
- Decline the Respondent's application to strike out the suit.
- Order the court to determine the date of termination at trial.
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