[2017] KEELRC 1130 (KLR)
The court found that the cause of action accrued on 05.03.2014 and the suit was filed on 20.03.2017, which is beyond the three-year limitation period prescribed by section 90 of the Employment Act, 2007. As a result, the suit was time barred and the court lacked jurisdiction to hear and determine the claim. The...
Source-derived case information.
- Citation
- [2017] KEELRC 1130 (KLR)
- Parties
- Claimant: Jeremiah Macharia Mwangi; Respondent: Teachers Service Commission
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 76 of 2017
- Procedural Posture
- Cause / Preliminary Objection Ruling
- Outcome
- preliminary_objection_upheld
- Judges
- B Ongaya
- Legal Topics
- Limitation Periods, Jurisdiction of Court, Employment Termination, Preliminary Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeremiah Macharia Mwangi
Claimant
Teachers Service Commission
Respondent
Procedural Posture
Cause / Preliminary Objection Ruling
Legal Issues
- 1 Whether the suit is time barred under section 90 of the Employment Act, 2007.
- 2 Whether the court has jurisdiction to hear and determine the claim if it is time barred.
Ratio Decidendi
The court found that the cause of action accrued on 05.03.2014 and the suit was filed on 20.03.2017, which is beyond the three-year limitation period prescribed by section 90 of the Employment Act, 2007. As a result, the suit was time barred and the court lacked jurisdiction to hear and determine the claim. The preliminary objection was therefore upheld and the statement of claim struck out with costs to the respondent.
Court Disposition
preliminary_objection_upheld
Orders
- The preliminary objection filed on 26.04.2017 and dated 18.04.2017 is upheld.
- The statement of claim dated 20.03.2017 is struck out with costs to the respondent.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NYERI
CAUSE NO. 76 OF 2017
JEREMIAH MACHARIA MWANGI..........................CLAIMANT
VERSUS
TEACHERS SERVICE COMMISSION.............RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday, 23rd June, 2017)
RULING
The respondent filed the notice of preliminary objection on 26. 04. 2017 and dated 18. 04. 2017 through Naeku Patricia Advocate. The respondent prayed that the entire suit be struck out with costs to the respondent on the ground that the suit is time barred under section 90 of the Employment Act, 2007 and therefore the court lacks jurisdiction to hear and determine the claim.
It is not disputed that the cause of action was on 05. 03. 2014. The suit was filed on 20. 03. 2017. The cause of action accrued on 05. 03. 2014 and the 3 years of limitation under section 90 of the Employment Act, 2007 lapsed on or about 06. 03. 2014. The court returns that the suit was time barred and the preliminary objection will therefore succeed.
In conclusion, the preliminary objection filed on 26. 04. 2017 and dated 18. 04. 2017 is hereby upheld and the statement of claim dated 20. 03. 2017 and filed through Kirubi, Mwangi Ben & Company Advocates is hereby struck out with costs.
Signed, dated and delivered in court at Nyeri this Friday, 23rd June, 2017.
BYRAM ONGAYA
JUDGE