[2013] KEELRC 14 (KLR)
The court found that the applicant's claim arose in 2005, prior to the commencement of the Employment Act 2007. Therefore, the procedural and substantive laws applicable were the Trade Disputes Act Cap 234, the Labour Relations Act No. 14 of 2007, the repealed Employment Act Cap 226, and the Regulation of Wages and...
Source-derived case information.
- Citation
- [2013] KEELRC 14 (KLR)
- Parties
- Applicant: Francis Muraula; Respondent: Firestone Co-operative Savings and Credit Society Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 34 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Extension of Time
- Outcome
- application dismissed
- Legal Topics
- Limitation of Actions, Unfair Termination, Extension of Time, Employment Act Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Francis Muraula
Applicant
Firestone Co-operative Savings and Credit Society Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Extension of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file a claim for unfair dismissal out of time.
- 2 Whether the applicant is barred by statutory limitation under Section 90 of the Employment Act 2007.
Ratio Decidendi
The court found that the applicant's claim arose in 2005, prior to the commencement of the Employment Act 2007. Therefore, the procedural and substantive laws applicable were the Trade Disputes Act Cap 234, the Labour Relations Act No. 14 of 2007, the repealed Employment Act Cap 226, and the Regulation of Wages and Conditions of Employment Act Cap 229. Under these laws, there was no strict limitation period for filing claims, and discretion was vested in the Minister/Secretary for Labour to accept late claims. The court concluded that there was no sufficient ground to grant the extension of time sought by the applicant, but noted that the applicant was not entirely barred from seeking...
Court Disposition
application dismissed
Orders
- The application dated 30th June 2013 is dismissed.
- No order on the costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT NAIROBI
MISC. APPLICATION NUMBER 34 OF 2013
BETWEEN
FRANCIS MURAULA…….……………......…………………………………………..APPLICANT
VERSUS
FIRESTONE CO-OPERATIVE SAVINGS AND CREDIT SOCIETY LIMITED…RESPONDENT
Ex parte
Rika J
CC. Mr. Kidemi
Mr. Nyabena instructed by Nyabena Nyakundi & Co. Advocates for the Applicant
_______________________________________________________________
RULING
The Applicant brought an ex parte application dated 30th June 2013, seeking to be allowed to file his Claim out of time. He was employed by the Respondent as a Scrap Collector on 1st September 1991, and dismissed in May 2005, in circumstances he deems unfair and unlawful.
He claims to have fallen ill and was not able to pursue a remedy against his former employer in good time. He feels he is barred under Section 90 of the Employment Act 2007 from seeking such remedy. He undertakes to file the Claim within 14 days.
The Court does not think there is sufficient ground to warrant the prayer, for extension of time. Termination was in 2005, and the correct procedural law would be the Trade Disputes Act Cap 234 as read with Section 84 of the Labour Relations Act Number 14 of 2007. The substantive Law would be the repealed Employment Act Cap 226 the Laws of Kenya and/or the Regulation of Wages and Conditions of Employment Act Cap 229 the Laws of Kenya.
Under the old regime, the Applicant would find there is no strict application of the time limits, wide discretion being given to the Minister/Secretary for Labour, in accepting late termination claims.
The Court is persuaded there is no ground to allow the ex parte application, and the ex parte Applicant is not completely shut out from accessing justice through other entry points.
IT IS ORDERED:-
The application dated 30th June 2013 is dismissed.
No order on the costs.
Dated and delivered at Nairobi this 20th day of December 2013
James Rika
Judge