Muthee v Kenya Power & Lighting Company Ltd (Cause E083 of 2025) [2025] KEELRC 3342 (KLR) (27 November 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3342
- Citation
- [2025] KEELRC 3342 (KLR)
- Decided
- 27 November 2025
Summary at a glance
TypeLabor DisputePostureRespondent's Notice of Preliminary ObjectionCoramCN BAARI
The salary related claim is statute barred, but the psychological trauma claim is not.
Facts
Claimant, Teresa Wairimu Muthee, filed a suit against Kenya Power & Lighting Company Ltd alleging salary underpayments and psychological trauma. The Respondent argued the claim was time-barred under Section 90 of the Employment Act, 2007.
Issues
- Whether the claim is statute barred
- Whether the salary related claim is statute barred
Reasoning
The Respondent's argument that the claim is time-barred under Section 90 of the Employment Act, 2007 is upheld. However, the psychological trauma claim is not time-barred as it falls under the 3 year limitation period.
Outcome
The salary related claim is struck out for being time-barred, while the psychological trauma claim proceeds to hearing.
Orders
- Salary related claim, specifically acting allowances, is struck out for being time barred.
- Psychological trauma claim proceeds to hearing and determination on the merits.
Authorities cited
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