Kazungu v Kenya Ports Authority (Miscellaneous Application E002 of 2025) [2025] KEELRC 982 (KLR) (27 March 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 982
- Citation
- [2025] KEELRC 982 (KLR)
- Decided
- 27 March 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent sought to dismiss the applicant's application for an extension of time to file a claim under the Employment Act.CoramM. MBARŨ
Holding
The application is dismissed as the Employment Act does not allow for an extension of time to file a claim for a work-related injury.
Facts
The applicant sustained a work injury on July 28, 2018, and the Director of Occupational Safety and Health Services (DOSH) assessed a 10% permanent incapacity. The respondent did not pay the compensation within the required 90 days.
Issues
- Whether the applicant's work injury constitutes a continuing injury under Section 89 of the Employment Act.
- Whether the Employment Act allows for an extension of time to file a claim for a work-related injury that occurred outside the 3-year limit.
Reasoning
The court ruled that the Employment Act does not provide for an extension of time to file a claim for a work-related injury, and the applicant's work injury does not qualify as a continuing injury under Section 89 of the Employment Act.
Outcome
Application dismissed
Orders
- The application seeking an extension of time to file a claim is dismissed.
Authorities cited
Legislation (3)
- Employment Act
- Limitation of Actions Act
- Work Injury Benefits Act (WIBA)
Cases cited (4)
- Divecon Ltd v Samani
- Maria Machocho v Total Kenya Limited
- Mitei v National Social Security Fund Board of Trustees
- Peter Ndaka Mutavi v Pembe Flour Mills 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.
Loading judgment…