[2018] KEELRC 2144 (KLR)
The court found that the claimant's cause of action arose on 26th May 2004, but the suit was filed on 16th September 2014, more than ten years later. Under section 4(1) of the Limitation of Actions Act, actions founded on contract must be brought within six years. Section 27 does not permit enlargement of time for...
Source-derived case information.
- Citation
- [2018] KEELRC 2144 (KLR)
- Parties
- Claimant: Humphrey Enock Omukuti; Respondent: KK Group Security Company
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1629 of 2014
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection
- Outcome
- preliminary objection upheld; suit dismissed for want of jurisdiction
- Judges
- MN Nduma, DO Ogal
- Legal Topics
- Limitation of Actions, Jurisdiction of Court, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Humphrey Enock Omukuti
Claimant
KK Group Security Company
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the suit was filed outside the statutory limitation period for employment claims.
- 2 Whether the court has jurisdiction to entertain a suit filed out of time under the Limitation of Actions Act.
Ratio Decidendi
The court found that the claimant's cause of action arose on 26th May 2004, but the suit was filed on 16th September 2014, more than ten years later. Under section 4(1) of the Limitation of Actions Act, actions founded on contract must be brought within six years. Section 27 does not permit enlargement of time for contract claims. The court, therefore, lacked jurisdiction to entertain the suit, as jurisdiction cannot be conferred where the statutory limitation period has expired. The preliminary objection was upheld and the suit dismissed for want of jurisdiction.
Court Disposition
preliminary objection upheld; suit dismissed for want of jurisdiction
Orders
- The suit is dismissed for want of jurisdiction.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1629 OF 2014
(Before Hon. Justice Mathews N. Nduma)
HUMPHREY ENOCK OMUKUTI.........................................CLAIMANT
VERSUS
KK GROUP SECURITY COMPANY................................RESPONDENT
R U L I N G
1. Preliminary Objection was filed in terms of section 4(1) of the Limitation of Actions Act, Cap 22 Laws of Kenya in that the suit was filed out of time.
2. The Memorandum of Claim was filed on 16th September, 2014 commencing this suit.
3. From the face of the Memorandum of Claim, the Cause of Action arose on 26th May 2004, when the employment contract of the Claimant was transferred from EARS Group Limited to KK Group Security Company.
4. Clearly the suit was filed more than ten (10) years from the date the cause of action arose.
5. The Claimant did not seek enlargement of time but even if he had, enlargement of time is not permissible under section 27 of the Limitation of Actions Act, Cap 22 Laws of Kenya, See Divecon v Samani [1995-1998] EA 48 per Court of Appeal.
6. This court lacks jurisdiction to entertain this suit following the supreme court decision in Samuel Kanan Macharia & Another v Kenya commercial Bank Limited & 2 others S.C. application No. 2 of 2012 which stated –
“A court’s jurisdiction flows from either the constitution or Legislation or both. Such a court may not arrogate to itself jurisdiction through the craft of interpretation, or by way of endeavors to discern or interpret the intentions of parliament where the wording of Legislation is clear and there is no ambiguity.”
7. Accordingly, the Preliminary Objection is upheld and the suit dismissed for want of jurisdiction.
Dated and Signed in Kisumu this 7th day of March, 2018
Mathews N. Nduma
Judge
Delivered and signed in Nairobi this 6th day of April, 2018
Maureen Onyango
Judge
Appearances
Mr. Kamau for Respondent
Mr. Wangira for Claimant
Anne Njung’e – Court Clerk