[2016] KEELRC 441 (KLR)

[2016] KEELRC 441 (KLR)

The court found that the claim was filed more than four years after the termination of the claimant's employment, exceeding the statutory limitation period of three years prescribed by section 90 of the Employment Act. As a result, the claim is time-barred, and the court lacks jurisdiction to entertain it. The claim...

Source-derived case information.

Citation
[2016] KEELRC 441 (KLR)
Parties
Claimant: Joab Achieng; Respondent: Afro Plastics (K) Ltd
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Mombasa
Jurisdiction
Kenya
Case Number
Cause 628 of 2013
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Outcome
claim struck out as time-barred
Judges
J Rika
Legal Topics
Limitation of Actions, Unlawful Termination, Employment Contracts
Source Language
en
Employment and Labour Limitation of Actions Unlawful Termination Employment Contracts

Source-derived case record

Summary, issues, holding and outcome

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Parties

Joab Achieng

Claimant

Afro Plastics (K) Ltd

Respondent

Procedural Posture

Employment Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the claim is time-barred under section 90 of the Employment Act.
  2. 2 Whether the court has jurisdiction to entertain a claim filed more than three years after termination of employment.

Ratio Decidendi

The court found that the claim was filed more than four years after the termination of the claimant's employment, exceeding the statutory limitation period of three years prescribed by section 90 of the Employment Act. As a result, the claim is time-barred, and the court lacks jurisdiction to entertain it. The claim was therefore struck off with costs to the respondent.

Court Disposition

claim struck out as time-barred

Orders

  • The claim is hereby struck off.
  • Costs to the Respondent.