[2016] KEELRC 656 (KLR)
The court found that the claimant's suit was filed four years and three months after the termination of employment, exceeding the three-year limitation period prescribed by section 90 of the Employment Act. The Act does not provide for extension of this period once it has elapsed. As limitation of action is a matter...
Source-derived case information.
- Citation
- [2016] KEELRC 656 (KLR)
- Parties
- Claimant: Geoffrey Costa Salim; Respondent: Equity Bank Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 550 of 2015
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection
- Outcome
- suit struck out with costs
- Judges
- NJ Abuodha
- Legal Topics
- Limitation of Actions, Termination of Employment, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Costa Salim
Claimant
Equity Bank Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the claim was filed within the statutory limitation period under section 90 of the Employment Act.
- 2 Whether the court has jurisdiction to entertain a claim filed outside the limitation period.
Ratio Decidendi
The court found that the claimant's suit was filed four years and three months after the termination of employment, exceeding the three-year limitation period prescribed by section 90 of the Employment Act. The Act does not provide for extension of this period once it has elapsed. As limitation of action is a matter of jurisdiction, the court held that it lacked jurisdiction to entertain the claim, and the suit was therefore struck out.
Court Disposition
suit struck out with costs
Orders
- The suit is struck out with costs to the respondent.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NUMBER 550 OF 2015
GEOFFREY COSTA SALIM......................................CLAIMANT
VERSUS
EQUITY BANK LIMITED....................................RESPONDENT
RULING
1. The claimant pleads that he was employed by the respondent on 29th December, 2008 and worked until 14th June, 2010 when his services were terminated by the respondent. This claim was filed by the claimant on 8th April, 2015.
2. The respondent has taken objection to that stating that the same has been filed out of time as delimited under section 90 of the Employment. Computation of time within which to file claims based on contract is mathematical in most cases.
3. The Act does not provide for the extension of this period once it has elapsed. The claimants own pleadings states that he was terminated on 14th June, 2010. He brought this suit on 8th April, 2015. This was some four years and three months after termination. This clearly offends the provisions of section 90 of the Employment Act which requires claims concerning contracts of employment to be filed within 3 years after accrual of cause of action. Limitation of action is a matter that goes to the jurisdiction of the Court. Once the Court finds that a case is statute barred it lacks jurisdiction and the matter ends there.
4. In the circumstances the objection succeeds with the consequence that the suit is hereby struck out with costs.
5. It is so ordered.
Dated at Nairobi this 9th day of September 2016
Abuodha Jorum Nelson
Judge
Delivered this 9th day of September 2016
In the presence of:-
…………………………………………………………for the Claimant and
………………………………………………………………for the Respondent.
Abuodha Jorum Nelson
Judge