[2018] KEELRC 1138 (KLR)
The court found that the claim was filed five years after the alleged wrongful dismissal, exceeding the three-year limitation period prescribed by Section 90 of the Employment Act, 2007. The statutory language is mandatory and does not permit extension of time once the limitation period has expired. Consequently,...
Source-derived case information.
- Citation
- [2018] KEELRC 1138 (KLR)
- Parties
- Claimant: Ernest Kibande Alugaya; Respondent: Pearl Developers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1354 of 2014
- Procedural Posture
- Employment Cause / Preliminary Objection Ruling
- Outcome
- suit struck out for want of jurisdiction due to statutory time bar
- Judges
- DI Wasike
- Legal Topics
- Limitation Periods, Statutory Bar, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ernest Kibande Alugaya
Claimant
Pearl Developers Limited
Respondent
Procedural Posture
Employment Cause / Preliminary Objection Ruling
Legal Issues
- 1 Whether the claimant's suit is statute barred under Section 90 of the Employment Act, 2007.
- 2 Whether the court has jurisdiction to hear a suit filed outside the limitation period prescribed by law.
Ratio Decidendi
The court found that the claim was filed five years after the alleged wrongful dismissal, exceeding the three-year limitation period prescribed by Section 90 of the Employment Act, 2007. The statutory language is mandatory and does not permit extension of time once the limitation period has expired. Consequently, the court held that it lacked jurisdiction to entertain the suit and upheld the preliminary objection, resulting in the suit being struck out with costs.
Court Disposition
suit struck out for want of jurisdiction due to statutory time bar
Orders
- The preliminary objection is upheld.
- The suit is struck out with costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OFKENYA AT NAIROBI
CAUSE 1354 OF 2014
ERNEST KIBANDE ALUGAYA......................................................CLAIMANT
VERSUS
PEARL DEVELOPERS LIMITED.............................................RESPONDENT
RULING
1. The respondent raised an objection in limine that the claimant’s suit was statute barred by virtue of Section 90 of the employment Act 2007 hence the court lacked jurisdiction to hear the same.
2. The claimant herein pleaded that around February, 2008 the respondent employed him as a casual labourer at a daily wage of kshs 300/=. He worked until 2009 September when the respondent terminated his services without assigning any reason and without notice.
3. The claim was filed on 18th August, 2014 some five years after the alleged wrongful dismissal. Section 90 of the Employment Act provides that no action based on the Act or contract of employment generally shall be brought after expiry of three years from the date of the accrual of the cause of action or in case of continuing injury within twelve months after cessation thereof.
4. The wording of the section is couched in mandatory terms and does not seem to give room for extension of time once it has lapsed. Further, the law on limitation of actions founded on tort. The limitation period for actions founded on other causes of action seem fixed with no room for extension.
5. In the circumstances, the preliminary objection is hereby upheld with consequence that the court lacks jurisdiction to entertain the current suit. The suit is therefore struck out with costs.
6. It is so ordered.
Dated at Nairobi this 21st day of September, 2018
Abuodha J. N.
Judge
Delivered at Nairobi this 21st day of September, 2018
Abuodha J. N.
Judge
In the presence of:-
..................................................for the Claimant
..............................................for the Respondent.