[2014] KEELRC 636 (KLR)
The court found that the applicant's delay in filing the claim was due to her poor mental health and financial incapacity, as evidenced by medical reports and affidavits. The delay was inadvertent and justified under the circumstances. The respondent would not suffer prejudice if the application was allowed, and the...
Source-derived case information.
- Citation
- [2014] KEELRC 636 (KLR)
- Parties
- Applicant: Agnes Ngendo Wanyoike; Respondent: Kenya Pipeline Company
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 56 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Claim Out of Time
- Outcome
- application allowed
- Legal Topics
- Limitation of Actions, Unfair Dismissal, Extension of Time, Mental Health Disability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Agnes Ngendo Wanyoike
Applicant
Kenya Pipeline Company
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Claim Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file a claim out of time against the respondent.
- 2 Whether the delay in filing the claim was justified by the applicant's medical and financial circumstances.
Ratio Decidendi
The court found that the applicant's delay in filing the claim was due to her poor mental health and financial incapacity, as evidenced by medical reports and affidavits. The delay was inadvertent and justified under the circumstances. The respondent would not suffer prejudice if the application was allowed, and the interests of justice required that the applicant be granted leave to file her claim out of time. Accordingly, the application was allowed, and the applicant was granted leave to file the claim out of time, with no order as to costs.
Court Disposition
application allowed
Orders
- Leave is granted to the applicant to file a claim out of time against the respondent.
- No order as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
INDUSTRIAL COURT OF KENYA AT NAIROBI
MISC. APPLICATION NO.56 OF 2013
(Before D.K.N. Marete)
AGNES NGENDO WANYOIKE…………………………………...…..….CLAIMANT
Versus
KENYA PIPELINE COMPANY………….….……….…………...….RESPONDENT
RULING
Before this court is an application dated 6th September, 2013 and supported by the Affidavit of Agnes Ngendo Wanyoike sworn on the same date. It seeks the following orders of court;
THAT the Honorable Court be pleased to grant leave to the applicant to file a claim out of time against the respondent.
THAT the Honourable Court be please to grant any relief as it may deem fit.
and is grounded as follows;-
THAT the applicant was employed by the respondent in the procurement department in the year 16th February 2004 until the year 2nd December 2004 when the applicant was unfairly dismissed from employment.
THAT the applicant since the time of unfair dismissal she suffered a depression and was sick and bedridden for a long time.
THAT the applicant was unable to seek legal redress within the stipulated time frame despite wanting to do so, due to ill health.
THAT also due to the ill health and lack of any source of income, she was not able to afford legal fee to facilitate and engage serves of a legal practitioner due to financial constraints.
THAT its in the interest of justice, fair and expedient in all circumstances of the case that the prayers sought herein be granted.
It is further supported by the affidavit and further supporting affidavit of Agnes Ngendo Wanyoike sworn on 6th September, 2013 and 2nd December, 2013 respectively.
This application is borne out of the allowance of an application dated 23rd April, 2013 by the respondent seeking that the suit be disallowed for being statute barred. The court in its ruling dated 4th June, 2013 June, 2013 allowed the application with a rider that the claimant/respondent be at liberty to pursue the matter in accordance with the law and process.
I have studied the application, the supporting affidavits and the annextures thereon. These display a case of inadvertent delay in the filing of the claims by the claimant. There is a medical report displaying a poor state of mental health by the claimant and therefore the disability to pursue the claim on time.
The grounds are a display of prudent reasons for delay. This would warrant a case for withdrawal of the orders for dismissal of the suit and the reinstatement of the same. This would not in any way prejudice the respondent who would have all this time to do and defend his case. If at all, this would capture the interests of justice to the parties.
I am therefore inclined to allow this application with no order as to costs.
Dated, delivered and signed this 26th day of February, 2014.
D.K.Njagi Marete
JUDGE
Appearances:
Mr. Nyangito instructed Nyangito & Company Advocates for the claimant/applicant.