Nyanchama v Sotik Tea Company Ltd (Miscellaneous Application E012 of 2024) [2026] KEELRC 717 (KLR) (12 March 2026) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 717
- Citation
- [2026] KEELRC 717 (KLR)
- Decided
- 12 March 2026
Summary at a glance
TypeMiscellaneous ApplicationPostureRespondent opposed the applicationCoramAN MWAURE, Radido
The court grants the applicant leave to file her claim out of time
Facts
Mary Nyanchama was employed by Sotik Tea Company Ltd as a handplucker from October 2004 until her termination on 4th March 2020 due to illness. She sought leave to file her claim out of time due to late payment of dues.
Issues
- Whether the application is merited
- Whether the court has jurisdiction to extend time for filing suit out of time
Reasoning
The court considers the Employment Act and the case of Josephat Ndirangu v Henkel Chemicals (EA) Ltd, holding that the cause of action was from when she received her terminal dues, and grants leave to file within 14 days.
Outcome
The court grants the applicant leave to file her claim out of time
Orders
- The applicant is granted leave to file her claim within the next 14 days
Remedies
- Costs will be in the cause
Authorities cited
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