Oyugi v Tourism Promotion Services Limited (Cause E047 of 2025) [2025] KEELRC 2811 (KLR) (16 October 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2811
- Citation
- [2025] KEELRC 2811 (KLR)
- Decided
- 16 October 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent filed preliminary objections, Claimant filed an application to amend pleadings.CoramM. MBARŨ
Holding
The claim is time-barred and the court lacks jurisdiction to proceed further.
Facts
Claimant's employment was terminated in April 2020, but he filed the claim in April 2025. The claimant reported back to work in 2021 after COVID-19 rules were lifted.
Issues
- Whether the claim is time-barred under section 90 of the Employment Act.
- Whether the claimant's employment was terminated in April 2020 or in 2021.
Reasoning
The claim was filed outside the three-year limitation period under section 90 of the Employment Act, and the claimant's employment was terminated in April 2020, not in 2021.
Outcome
The claim is struck out with costs awarded to the respondent.
Orders
- The claim is struck out.
- Costs to the respondent.
Authorities cited
Legislation (2)
- Employment Act
- Section 90 of the Employment Act
Cases cited (4)
- Mukisa Biscuit Manufacturing Ltd v West End Distributors
- Katana v Kwale Water and Sewerage Company Limited
- Njunge v Muasya
- Thuri v Equity Bank Limited
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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