[2022] KEELRC 704 (KLR)
The court found that the claimant was employed under two distinct contracts, with the first contract terminating in January 2017 and the second contract running from February to October 2019. Since the claim was filed in July 2020, any claims arising from the first contract were time-barred under Section 90 of the...
Source-derived case information.
- Citation
- [2022] KEELRC 704 (KLR)
- Parties
- Claimant: Harliet Mukami Njenga; Respondent: Tsavo City Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E303 of 2020
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection
- Outcome
- preliminary objection partially upheld
- Judges
- J Rika
- Legal Topics
- Limitation of Actions, Employment Contracts, Termination of Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Harliet Mukami Njenga
Claimant
Tsavo City Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the claim relating to the 2015-2017 contract is time-barred under Section 90 of the Employment Act.
- 2 Whether the court has jurisdiction to hear claims arising from the 2015-2017 contract.
- 3 Whether the claim relating to the 2019 contract is within the statutory limitation period.
Ratio Decidendi
The court found that the claimant was employed under two distinct contracts, with the first contract terminating in January 2017 and the second contract running from February to October 2019. Since the claim was filed in July 2020, any claims arising from the first contract were time-barred under Section 90 of the Employment Act, which requires employment claims to be brought within three years. The court therefore lacked jurisdiction over the first contract. However, the claim relating to the second contract was filed within the limitation period and could proceed. The court ordered that all pleadings and remedies relating to the first contract be expunged from the record, and allowed...
Court Disposition
preliminary objection partially upheld
Orders
- The pleadings and remedies under the first contract are expunged from the record.
- The claimant is free to prosecute the claim with regard to the second contract.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR
RELATIONS COURT AT NAIROBI
CAUSE NUMBER E303 OF 2020
BETWEEN
HARLIET MUKAMI NJENGA ………………………………………………………. CLAIMANT
VERSUS
TSAVO CITY LIMITED …………………………………………………………… RESPONDENT
RULING
1. The Claimant filed her Statement of Claim on 16th July 2020.
2. She states that she was employed by the Respondent on or about the year 2015.
3. Her contract was terminated on or about January 2017.
4. She was recalled by the Respondent, and re-engaged as a Sales Representative in February 2019.
5. However, in October 2019, the Respondent once again terminated the Claimant’s contract.
6. She filed this Claim on 16th July 2020.
7. The Respondent has filed a Notice of Preliminary Objection, based on Section 90 of the Employment Act. It is submitted that the Claim is time-barred under the 3-year rule.
8. It was agreed that the Preliminary Objection is determined by way of Written Submissions.
The Court Finds: -
9. The Claimant was employed by the Respondent twice, under separate contracts, which terminated on different dates. The contract of 2015-2017, terminated in January 2017. The claims with respect to this contract, cannot be valid in July 2020, when the Claim was filed. The Claimant has pleaded the contract separately, in the sum of Kshs. 9,970,000.
10. The Court does not have jurisdiction to deal with the contract of 2015 -2017.
11. It does however have jurisdiction over the second contract for the period February –October 2019. The sum claimed is Kshs. 11,295,437. The cause of action arose in February 2019, and the Claim with regard to the second contract, was not time barred on filing in July 2020.
12. The pleadings and remedies relating to the first contract are hereby expunged from the record.
13. The Claimant is free to prosecute the Claim with regard to the second contract.
IN SUM, IT IS ORDERED: -
a. The Pleadings and Remedies under the first contract are expunged from the record.
b. The Claimant is free to prosecute the Claim with regard to the second contract.
c. Costs in the cause.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY, AT NAIROBI, UNDER THE MINISTRY OF HEALTH AND JUDICIARY COVID-19 GUIDELINES, THIS 25TH DAY OF FEBRUARY 2022.
JAMES RIKA
JUDGE