[2019] KEELRC 521 (KLR)
The court found that the claimant's cause of action accrued on 8th October 2010, the date of his dismissal. Under section 90 of the Employment Act, he was required to file any claim arising from his employment within three years, that is, by 9th October 2013. The claim was instead filed on 7th March 2018, more than...
Source-derived case information.
- Citation
- [2019] KEELRC 521 (KLR)
- Parties
- Claimant: Herbert Muchelule; Respondent: Senaca East Africa Limited formerly Sentry & Patrol Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 274 of 2018
- Procedural Posture
- Employment Cause / Preliminary Objection Ruling
- Outcome
- claim struck out as statute barred
- Judges
- NJ Abuodha, DI Wasike
- Legal Topics
- Limitation Periods, Unlawful Termination, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Herbert Muchelule
Claimant
Senaca East Africa Limited formerly Sentry & Patrol Limited
Respondent
Procedural Posture
Employment Cause / Preliminary Objection Ruling
Legal Issues
- 1 Whether the claim is statute barred under section 90 of the Employment Act.
- 2 Whether the court has jurisdiction to entertain a claim filed outside the statutory limitation period.
Ratio Decidendi
The court found that the claimant's cause of action accrued on 8th October 2010, the date of his dismissal. Under section 90 of the Employment Act, he was required to file any claim arising from his employment within three years, that is, by 9th October 2013. The claim was instead filed on 7th March 2018, more than five years after the expiry of the statutory limitation period. The court held that the limitation period is strict and cannot be extended, and therefore the claim was incompetent for being time-barred. Consequently, the court struck out the claim for want of jurisdiction, with no order as to costs.
Court Disposition
claim struck out as statute barred
Orders
- The claim is struck out for being statute barred under section 90 of the Employment Act.
- No order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO 274 OF 2018
HERBERT MUCHELULE..................CLAIMANT
VERSUS
SENACA EAST AFRICA LIMITED FORMERLY
SENTRY & PATROL LIMITED....RESPONDENT
R U L I N G
1. The respondent raised a preliminary objection that the claim herein was statue barred by virtue of section 90 of the Employment Act.
2. The claimant at paragraph 3 of the claim pleaded that he was employed by the respondent under a contract commencing from 1st November, 2006 and served with loyalty and diligence until 8th October, 2010 when his services were terminated.
3. It is not denied that the suit was filed on 7th March, 2018. Under section 90 of the Employment Act claims arising under the Act or Contracts of employment generally must be brought within 3 years from the date of accrual of the cause of action.
4. This period cannot be extended once lapsed. The claimant was dismissed by the respondent on 8th October, 2010. If he disputed the dismissal he ought to have filed his claim by 9th October, 2013. From his own admission therefore the claim was filed some 5 yearsafter the expiry of the limitation period. The claim is therefore found incompetent and is hereby struck out with no order as to costs.
5. It is ordered.
Dated at Nairobi this 18th day of October, 2019
Abuodha Jorum Nelson
Judge
Delivered this 18th day of October, 2019
Abuodha Jorum Nelson
Judge
In the presence of:-
……………………….................for the Claimant and
......................................................for the Respondent.
Abuodha J. N.
Judge