[2018] KEELRC 168 (KLR)
The court found that the claimants' suit was based on contracts of employment entered into between 24 and 49 years before the suit was filed. Section 4(1) of the Limitation of Actions Act bars the filing of suits based on contract after six years from the date the cause of action arose. The court held that the...
Source-derived case information.
- Citation
- [2018] KEELRC 168 (KLR)
- Parties
- Plaintiff: George Amoth and 14 Others; Respondent: Kenya Medical Research Institute (KEMRI)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 399 of 2018
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection (limitation of Action)
- Outcome
- suit struck out as time-barred
- Judges
- MN Nduma
- Legal Topics
- Limitation of Actions, Casual Employment, Unlawful Termination, Constitutional Rights in Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Amoth and 14 Others
Plaintiff
Kenya Medical Research Institute (KEMRI)
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection (limitation of Action)
Legal Issues
- 1 Whether the claimants' suit is time-barred under section 4(1) of the Limitation of Actions Act.
- 2 Whether the claimants' engagement as casuals violated their constitutional rights.
- 3 Whether the claimants are entitled to damages for alleged unlawful and unconstitutional engagement.
Ratio Decidendi
The court found that the claimants' suit was based on contracts of employment entered into between 24 and 49 years before the suit was filed. Section 4(1) of the Limitation of Actions Act bars the filing of suits based on contract after six years from the date the cause of action arose. The court held that the claimants' attempt to frame the matter as a constitutional claim was an unsuccessful effort to avoid the statutory limitation period. No application for leave to file out of time was made, and even if it had been, the court would not have granted it in light of binding appellate authority. Consequently, the court lacked jurisdiction to entertain the suit, which was struck out as...
Court Disposition
suit struck out as time-barred
Orders
- The suit is struck out for being time-barred.
- The court lacks jurisdiction to entertain the claim.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 399 OF 2017
(Before Hon. Justice Mathews N. Nduma)
GEORGE AMOTH AND 14 OTHERS...........................................CLAIMANTS
VERSUS
KENYA MEDICAL RESEARCH INSTITUTE (KEMRI).........RESPONDENT
R U L I N G
1. The claim was instituted by a statement of claim on 29th September, 2017.
2. The Claimants state that they were employed in the years, 1986 to 1997; 1989, 1990 to 1991 and 1993. The Claimants seek a declaration that the manner of their engagement violated their constitutional rights. A declaration that the continuous engagement of the Claimants as casuals was unlawful and unconstitutional. The Claimants seek damages in respect thereof
3. A perusal of the pleadings, reveal this to be a claim based on contracts of employment entered into between 49 and 24 years from the time the suit was filed.
4. The effort to disguise the simple claims based on contracts of employment as constitutional claims to avoid the limitation period set under section 4(1) of the Limitations of Actions Act, Cap 22 Laws of Kenya which prohibits filing of any suit based on contract more than six (6) years from the time the cause of action arose has failed in the courts considered view and finding.
5. The Claimants did not make any application to file the suit out of time. However, even if they had done so, no enlargement of time would have been granted following the Court of Appeal decision in the case of Devicon.
6. Accordingly, the suit is time barred and is struck out since the court lacks jurisdiction to entertain it.
Ruling Dated, Signed and delivered this 20th day of December, 2018
Mathews N. Nduma
Judge
Appearances
Claimant in Person
M/s. Wanjala for Respondent
Chrispo – Court Clerk