[2017] KEELRC 360 (KLR)
The court found that the claimant was dismissed on 13th June 2013 but filed his claim on 12th July 2016, more than three years after the cause of action arose. Section 90 of the Employment Act 2007 prescribes a three-year limitation period for employment claims. As the claim was filed outside this period, the court...
Source-derived case information.
- Citation
- [2017] KEELRC 360 (KLR)
- Parties
- Claimant: Athmani Mchemi Mghalu; Respondent: Guard Force Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 541 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim dismissed for want of jurisdiction
- Legal Topics
- Unfair Termination, Limitation of Actions, Temporal Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Athmani Mchemi Mghalu
Claimant
Guard Force Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claim was filed within the statutory limitation period under Section 90 of the Employment Act 2007.
- 2 Whether the court has jurisdiction to hear and determine the claim given the time elapsed since dismissal.
Ratio Decidendi
The court found that the claimant was dismissed on 13th June 2013 but filed his claim on 12th July 2016, more than three years after the cause of action arose. Section 90 of the Employment Act 2007 prescribes a three-year limitation period for employment claims. As the claim was filed outside this period, the court held that it lacked temporal jurisdiction to hear and determine the dispute. Consequently, the claim was dismissed for want of jurisdiction.
Court Disposition
claim dismissed for want of jurisdiction
Orders
- The claim is hereby dismissed for want of jurisdiction.
- No order on the costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYEMENT AND LABOUR
RELATIONS COURT AT MOMBASA
CAUSE NUMBER 541 OF 2016
BETWEEN
ATHMANI MCHEMI MGHALU ……….....……CLAIMANT
VERSUS
GUARD FORCE LIMITED…………......... RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
Nyange Sharia Advocate, instructed by Kituo Cha Sheria Advocates for the Claimant
Jengo Associates, Advocates for the Respondent
_______________________________________
JUDGMENT
1. The Claimant filed his Statement of Claim on 12th July 2016. He states he was employed by the Respondent Company as a Security Guard on 2nd July 2010. He was promoted to the position of the Supervisor. He earned Kshs. 5,500 as monthly salary. He worked up to 13th June 2013, when he claims, he was unfairly dismissed. He prays for terminal benefits and compensation for unfair termination, among other things.
2. The Respondent filed its Statement of Response on 10th November 2016. It is conceded the Claimant was employed by the Respondent, on the date, and in the position stated in the Claim. The Respondent terminated Claimant’s contract fairly. Lastly, the Respondent states the Claim is time barred under Section 90 of the Employment Act 2007.
The Court Finds:-
3. The Claim was filed on 12th July 2016. The Claimant was dismissed on 13th June 2013. His Statement of Claim was filed over 3 years, from the date of dismissal. The Claim offends the law on limitation of actions, under section 90 of the Employment Act 2007. The Court does not have temporal jurisdiction to hear and determine this dispute.
IT IS ORDERED:-
a) The Claim is hereby dismissed for want of jurisdiction.
b) No order on the costs.
Dated and delivered at Mombasa this 24th day of November 2017.
James Rika
Judge