[2017] KEELRC 1578 (KLR)
The court determined that it does not have jurisdiction to extend the limitation period for filing employment claims once the statutory period has expired. This is based on the clear provisions of section 90 of the Employment Act and section 4 of the Limitation of Actions Act, both of which do not permit extension...
Source-derived case information.
- Citation
- [2017] KEELRC 1578 (KLR)
- Parties
- Applicant: Joseph Abuto Ongwae; Respondent: Pharmacy & Poisons Board
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 966 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Suit Out of Time
- Outcome
- application dismissed with costs
- Judges
- DI Wasike
- Legal Topics
- Limitation Periods, Extension of Time, Employment Termination, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Abuto Ongwae
Applicant
Pharmacy & Poisons Board
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Suit Out of Time
Legal Issues
- 1 Whether the court has jurisdiction to extend time to file a suit for unfair termination after the limitation period has lapsed.
- 2 Whether section 90 of the Employment Act or section 4 of the Limitation of Actions Act permits extension of time for employment contract claims.
Ratio Decidendi
The court determined that it does not have jurisdiction to extend the limitation period for filing employment claims once the statutory period has expired. This is based on the clear provisions of section 90 of the Employment Act and section 4 of the Limitation of Actions Act, both of which do not permit extension of time for actions founded on contract after the limitation period has lapsed. The applicant's personal circumstances, while unfortunate, do not provide a legal basis for the court to grant leave to file the suit out of time. As a result, the application was found to be without merit and was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application for leave to file suit out of time is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF
KENYA AT NAIROBI
CAUSE NUMBER 966 OF 2013
JOSEPH ABUTO ONGWAE …………………………..………..CLAIMANT
VERSUS
PHARMACY & POISONS BOARD………......….…...…......RESPONDENT
RULING
1. By a Motion dated 17th June, 2013 the claimant sought leave of the court to file a suit out of time.
2. The application was brought on the grounds among others that the applicant’s sister died and he took responsibility over her children and that the application was brought later because the applicant fell sick immediately his services were terminated.
3. This court has ruled in several applications of this nature that it does not have jurisdiction to extend time once the same has lapsed.
4. Neither section 90 of the Employment Act or Section 4 of the Limitation of Actions Act permit extension of time to bring actions based on contract once the time for doing so has elapsed.
5. The application is therefore found without merit and is hereby dismissed with costs.
6. It is so ordered.
Dated at Nairobi this 24th day of March 2017
Abuodha J. N.
Judge
Delivered this 24th day of March 2017
In the presence of:-
……………………………………………………………for the Claimant and
………………………………………………………………for the Respondent.
Abuodha J. N.
Judge