Kimorna & 207 others v Kerio Valley Development Authority (Miscellaneous Application E001 of 2025) [2025] KEELRC 2777 (KLR) (9 October 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2777
- Citation
- [2025] KEELRC 2777 (KLR)
- Decided
- 9 October 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent seeks to dismiss the application for leave to file suit out of time.CoramMA ONYANGO
Holding
The court finds that the Applicants' claims do not constitute continuing injuries and that there is no provision for extension of limitation period as held in numerous decisions of this court and in the Court of Appeal.
Facts
The Applicants were former employees of the Kerio Valley Development Authority who participated in a Voluntary Early Retirement (VER) program in 2018. They claim they were paid less than they were entitled to under the VER program, and sought administrative justice for the alleged discrimination.
Issues
- Whether the Applicants have persuaded the court that they are deserving of the orders sought for leave to file suit out of time.
Reasoning
The court considers the Employment Act and Limitation of Actions Act, finding that the claims are not continuing injuries and that the limitation period has lapsed.
Outcome
The application is dismissed.
Orders
- The application is dismissed.
- The costs of the application are provided for.
Authorities cited
Legislation (2)
- Employment Act
- Limitation of Actions Act
Cases cited (2)
- The German School Society v Hega Ohany
- Divecon v Samani
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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