[2012] KEELRC 221 (KLR)
The court found that the claim was filed outside the three-year limitation period prescribed by Section 90 of the Employment Act, as the termination occurred on 18-7-2008 and the suit was filed on 4-7-2012. There was no evidence of any leave order enlarging the time for filing. Consequently, the court held that it...
Source-derived case information.
- Citation
- [2012] KEELRC 221 (KLR)
- Parties
- Claimant: John Mwaniki; Respondent: G4S Security Services Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1139 of 2012
- Procedural Posture
- Preliminary Objection / Ruling on Preliminary Objection
- Outcome
- claim struck out as time barred
- Judges
- AN Makau
- Legal Topics
- Limitation Periods, Jurisdiction of Court, Capacity to Sue
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Mwaniki
Claimant
G4S Security Services Limited
Respondent
Procedural Posture
Preliminary Objection / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the claim is time barred under Section 90 of the Employment Act.
- 2 Whether the claimant has capacity to sue on the dispute before the court.
- 3 Whether the court has jurisdiction to entertain a time barred suit.
Ratio Decidendi
The court found that the claim was filed outside the three-year limitation period prescribed by Section 90 of the Employment Act, as the termination occurred on 18-7-2008 and the suit was filed on 4-7-2012. There was no evidence of any leave order enlarging the time for filing. Consequently, the court held that it lacked jurisdiction to entertain the suit and allowed the preliminary objection, striking out the claim.
Court Disposition
claim struck out as time barred
Orders
- The claim is struck out for being time barred under Section 90 of the Employment Act.
- No order as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
Industrial Court of Kenya
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JOHN MWANIKI………………….……….….…….………………..CLAIMANT
VERSUS
G4S SECURITY SERVICES LIMITED.………...........……..…....RESPONDENT
RULING
The Respondent has filed a Notice of Preliminary Objection (P.O.) against the claimant’s suit. The grounds upon which the Preliminary Objection stands are:-
(a)The claim is time barred under Section 90 of the Employment Act.
(b)The Claimant lacks capacity to sue on the dispute before the Court.
(c)The court lacks jurisdiction to entertain a time barred suit.
The Preliminary Objection was argued ex-parte on 1/10/12 after the court was satisfied that the claimant was aware of the hearing date which had been fixed by consent.
The Respondent submitted that the suit was filed on 4-7-12 seeking remedy for unlawful termination. That the claim shows that the termination occurred on 18-7-2008. That Section 90 of the Employment Act restricts time to file claims of that Employment Act restricts time to file claims of that nature to three (3) years. Consequently, the present claim should have been filed latest by 17-7-2011.
I have carefully perused the claim and all the supporting documents and also the submissions advanced by the Respondent. I did not see any leave order enlarging the time within which to file the suit before me.
Consequently, I allow the Preliminary Objection and strike out the claim with no order as to costs.
Orders accordingly.
DATEDand DELIVERED at Nairobi this 26th day of October, 2012.
Onesmus Makau
JUDGE