[2016] KEELRC 440 (KLR)

[2016] KEELRC 440 (KLR)

The court found that the claim was filed four years after the termination of employment, which is outside the statutory limitation period for employment disputes. As a result, the claim is time-barred and the court lacks jurisdiction to entertain it. The claim was therefore struck out with costs awarded to the...

Source-derived case information.

Citation
[2016] KEELRC 440 (KLR)
Parties
Claimant: Lawrence Kithuka; Respondent: Afro Plastics (K) Ltd
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Mombasa
Jurisdiction
Kenya
Case Number
Cause 629 of 2013
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Outcome
claim struck out as time-barred
Judges
J Rika
Legal Topics
Limitation of Actions, Unlawful Termination, Employment Contracts
Source Language
en
Employment and Labour Limitation of Actions Unlawful Termination Employment Contracts

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lawrence Kithuka

Claimant

Afro Plastics (K) Ltd

Respondent

Procedural Posture

Employment Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the claim is time-barred under the applicable limitation period for employment disputes.
  2. 2 Whether the court has jurisdiction to entertain a claim filed four years after termination of employment.

Ratio Decidendi

The court found that the claim was filed four years after the termination of employment, which is outside the statutory limitation period for employment disputes. As a result, the claim is time-barred and the court lacks jurisdiction to entertain it. The claim was therefore struck out with costs awarded to the respondent.

Court Disposition

claim struck out as time-barred

Orders

  • The claim is struck off with costs to the respondent.