[2014] KEELRC 242 (KLR)
The court found that the claimant's employment was terminated in September 2007 and the suit was filed on 18th March 2014, more than six years after the cause of action arose. Since the Employment Act, 2007 was not operational at the material time, the applicable law was the Limitation of Actions Act (Cap 22), which...
Source-derived case information.
- Citation
- [2014] KEELRC 242 (KLR)
- Parties
- Claimant: Alex Daniel Ngere; Respondent: Harambee Sacco Society Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Petition 28 of 2012
- Procedural Posture
- Employment Claim / Ruling on Limitation Objection
- Outcome
- claim dismissed as time-barred
- Legal Topics
- Limitation Periods, Employment Termination, Jurisdiction, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Daniel Ngere
Claimant
Harambee Sacco Society Ltd
Respondent
Procedural Posture
Employment Claim / Ruling on Limitation Objection
Legal Issues
- 1 Whether the claim was filed within the statutory limitation period for contract-based claims.
- 2 Whether the court has jurisdiction to entertain a claim filed outside the limitation period.
Ratio Decidendi
The court found that the claimant's employment was terminated in September 2007 and the suit was filed on 18th March 2014, more than six years after the cause of action arose. Since the Employment Act, 2007 was not operational at the material time, the applicable law was the Limitation of Actions Act (Cap 22), which prescribes a six-year limitation period for contract-based claims. The court held that the claim was filed outside this period and was therefore time-barred. The court reviewed and set aside its earlier ex parte order, finding it was made in error, and dismissed the claim for want of jurisdiction due to limitation.
Court Disposition
claim dismissed as time-barred
Orders
- The claim is dismissed for being time-barred.
- No order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI
PETITION NO. 28 OF 2012
ALEX DANIEL NGERE ………………………….…… CLAIMANT
VERSUS
HARAMBEE SACCO SOCIETY LTD …………….RESPONDENT
M/S Susan Nyang for Claimant
Mr. Ouma for Respondent
RULING
1. It is common cause that the employment of the Claimant was terminated sometimes in September 2007 and the suit was filed on 18th March 2014.
2. The cause of action arose before the Employment Act, 2007 become operational in June 2008.
3. The law applicable to the limitation of this suit is Cap 22 of the laws of Kenya which provides under Section 4(1) for 6 years limitation period for all matters founded on contract.
4. On 17th February 2014, the Court erroneously made an exparte order to the effect that this claim was filed within 6 years which appears to be erroneous on the face of the record.
5. The issue of Limitation touches on the jurisdiction of the Court to entertain this matter and therefore the Court is obliged to re-look the matter once it was raised again by the Respondent.
6. The Court has considered the written submissions by both parties and is satisfied that the claim was filed outside the six (6) years limitation period.
7. Accordingly the Court reviews its earlier order dated 17th February 2014 in terms of rule 32(1)b “on account of some mistake or error apparent on the face of the record”
and rules that the claim is time barred and same is dismissed with no order as to costs.
Dated and Delivered at Nairobi this 1st day of October, 2014.
MATHEWS N. NDUMA
PRINCIPAL JUDGE