[2017] KEELRC 343 (KLR)
The court found that the claimant was terminated from employment by letter dated 06.02.2002. Under section 4 of the Limitation of Actions Act, the limitation period for a suit based on a contract of employment is six years from the date the cause of action arises. The claimant filed the suit on 11.09.2013, more than...
Source-derived case information.
- Citation
- [2017] KEELRC 343 (KLR)
- Parties
- Claimant: Erastus Gitonga Burini; Respondent: Kenya Nut Company Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 95 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim dismissed
- Judges
- B Ongaya
- Legal Topics
- Limitation of Actions, Wrongful Termination, Salary Arrears
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erastus Gitonga Burini
Claimant
Kenya Nut Company Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant's suit is time barred under section 4 of the Limitation of Actions Act.
- 2 Whether the claimant is entitled to unpaid salary arrears, terminal benefits, and damages for wrongful termination.
Ratio Decidendi
The court found that the claimant was terminated from employment by letter dated 06.02.2002. Under section 4 of the Limitation of Actions Act, the limitation period for a suit based on a contract of employment is six years from the date the cause of action arises. The claimant filed the suit on 11.09.2013, more than six years after the termination. Consequently, the court held that the suit was time barred and could not be entertained. The respondent's objection on limitation was upheld, and the suit was dismissed with costs to the respondent.
Court Disposition
claim dismissed
Orders
- The claimant's suit is dismissed with costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA
AT NYERI
CAUSE NO. 95 OF 2013
ERASTUS GITONGA BURINI.............................CLAIMANT
VERSUS
KENYA NUT COMPANY LIMITED...............RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday, 24th November, 2017)
JUDGMENT
The claimant filed the statement of claim on 11. 09. 2013 through M.G. Kaume & Company Advocates. The claimant prayed for judgment against the respondent for:
a) Unpaid salary arrears of Kshs.7, 554. 00 every month from February 2002 to September 2013 amounting to Kshs. 1, 050, 006. 00.
b) Terminal benefits to be computed with a multiplicand of 30 years from the date of employment in 1982 to date being 30 years for every month worked at the rate of Kshs.7, 554. 00.
c) Damages for wrongful termination.
d) Costs, interest and any other relief the honourable court deems just and fit to grant.
The statement of response was filed on 16. 10. 2013 through W.J. Ithondeka & Company Advocates. The respondent prayed that the suit be dismissed with costs.
The respondent pleaded that the suit was time barred under section 4 of the Limitation of Actions Act.
It is not disputed that the claimant was terminated from the respondent’s employment by the letter dated 06. 02. 2002. Thus the 6 years of limitation for a suit based on the contract of employment and applicable as at the time of the cause of action lapsed on or about 07. 02. 2008. As urged for the respondent, the court returns that the suit was indeed time barred under section 4 of the Limitation of Actions Act.
In conclusion, the claimant’s suit is hereby dismissed with costs.
Signed, datedanddeliveredin court atNyerithisFriday, 24th November, 2017.
BYRAM ONGAYA
JUDGE