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Bilha Pamela Atieno v Copy Cat Limited [2017] KEHC 6133 (KLR)

[2017] KEHC 6133 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
6133
Citation
[2017] KEHC 6133 (KLR)
Decided
4 May 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaim filed and preliminary objection raisedCoramMaureen Onyango
Holding

The claim is time barred and is struck out.

Facts

Claimant Bilha Pamela Atieno was employed by Respondent Copy Cat Limited as an accountant from July 2006 to November 2012. She was falsely accused of theft and acquitted in court. The Respondent barred her from accessing the workplace after her arrest.

Issues

  1. When did the cause of action arise?
  2. Is the claim time barred?

Reasoning

The cause of action arose in November 2012, and the claim was filed in March 2016, more than 3 years later. The court found that the claim is time barred.

Outcome

The claim is struck out.

Orders

  • The claim filed by the claimant is struck out.

Authorities cited

Legislation (2)
  • Employment Act
  • Limitation of Actions Act
Cases cited (4)
  • Divecon v Samani
  • Kisumu Kenya Airports Authority v Shadrack Abraham Kisongochi
  • Moses Juma Otiende v G4S Security Services
  • Kevin Omondi Odera v Flamco Ltd
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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