[2018] KEELRC 1327 (KLR)
The court found that the claim was based on defamation, a tort, and that under Section 4(2) of the Limitation of Actions Act, actions for libel and slander must be brought within twelve months. The claim was filed outside this limitation period. Furthermore, the court held that it lacked jurisdiction to entertain...
Source-derived case information.
- Citation
- [2018] KEELRC 1327 (KLR)
- Parties
- Claimant: David Nyanumba Moseti; Respondent: NAS Airport Services Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1297 of 2015
- Procedural Posture
- Cause / Ruling on Preliminary Objection
- Outcome
- claim_struck_out
- Judges
- HS Wasilwa
- Legal Topics
- Defamation, Jurisdiction, Limitation of Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Nyanumba Moseti
Claimant
NAS Airport Services Limited
Respondent
Procedural Posture
Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the Employment and Labour Relations Court has jurisdiction to hear a claim for defamation.
- 2 Whether the claim is time-barred under Section 4(2) of the Limitation of Actions Act (Cap 22).
Ratio Decidendi
The court found that the claim was based on defamation, a tort, and that under Section 4(2) of the Limitation of Actions Act, actions for libel and slander must be brought within twelve months. The claim was filed outside this limitation period. Furthermore, the court held that it lacked jurisdiction to entertain defamation claims, as such matters are purely civil and not within the purview of the Employment and Labour Relations Court as defined by Section 12 of its constitutive Act. Consequently, the preliminary objection was upheld and the claim was struck out.
Court Disposition
claim_struck_out
Orders
- The claim is struck out for want of jurisdiction and limitation of action.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
ATNAIROBI
CAUSE NO. 1297 OF 2015
(Before Hon. Lady Justice Hellen S. Wasilwa on 30th July, 2017)
DAVID NYANUMBA MOSETI...........................................CLAIMANT
VERSUS
NAS AIRPORT SERVICES LIMITED.........................RESPONDENT
RULING
1. The Application before me is the Preliminary Objection raised by the Respondent dated 4. 5.2018 on the grounds of limitation of the claims pursuant to Section 4(2) of Cap 22. The Claimant’s Advocates were served but failed to file any response.
2. The Claimant filed this claim on 28th July 2015 seeking the following orders:-
a)Damages and footing of aggravated or exemplary damages.
b)An injunction restraining the Respondent by themselves, their servants or agents or otherwise howsoever from further publishing or causing to be published words defamatory to the Claimant.
c)Costs of this suit.
d)Any such further or other relief as may to this Honourable Court appear to be fit and just to grant.
3. The issues raised in this claim relate to a tort of defamation. Section 4(2) of Cap 22 states as follows:-
“An action founded on tort may not be brought after the evidence of three years from the date on which the cause of action occurred”.
Provided that an action for libel and slander may not be brought after the end of twelve months from such date”.
4. The prayer No. (b) sought relates on libel perse and so that is a prayer which cannot be granted by this Court as it is purely a civil claim. This Court has no jurisdiction to deal with such claims by virtue of Section 12 of Employment & Labour Relations Court Act.
5. It is my finding that the issues complained of in the claim are purely civil and therefore this claim is not properly before this Court. I will allow the Preliminary Objection on that ground and strike out this claim accordingly.
6. Costs to the Respondents/Applicant.
Dated and delivered in open Court this 30th day of July, 2018.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
No appearance for Parties