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Kenya Airways Limited v. Transport & Allied Workers Union

(2019) JELR 100140 (CA)

Court of Appeal  •  Civil Appeal 204 of 2013  •  22 Mar 2019  •  Kenya

Coram
Daniel Kiio Musinga, William Ouko, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. This appeal arises from a ruling of the then Industrial Court (Chemmuttut, J.) delivered on 15th June 2011 declining to uphold the respondent’s preliminary objection that the respondent’s claim is barred by Section 4 of the Limitation of Actions Act, Cap 22 of the Laws of Kenya.

2. The background in brief is that Tadayo L. Omoke, a member of the respondent’s Union, was employed by the appellant airline as a baggage handling agent in 1978. He was subsequently promoted to the position of senior customer service clerk. He remained in that position until 22nd February 1999 when he was summarily dismissed from employment on grounds that he carelessly and improperly performed his duties. He was aggrieved. He instructed K. H. Osmond advocate, who by a letter dated 26th June 2000, made demand, under threat of action, upon the appellant to admit liability within 10 days for illegal termination of Omoke’s services.

3. In its response to that demand dated 24th November 2000…

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