[2019] KEELRC 1415 (KLR)
The court found that the claim was filed six months after the expiry of the statutory limitation period set by section 90 of the Employment Act. The section is couched in mandatory terms and does not allow for extension of time once the limitation period has lapsed. Therefore, the claim is statute barred and must be...
Source-derived case information.
- Citation
- [2019] KEELRC 1415 (KLR)
- Parties
- Claimant: Joseph Kiria Kinyua; Respondent: Hon. Attorney General
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1620 of 2017
- Procedural Posture
- Employment Cause / Preliminary Objection Ruling
- Outcome
- claim_struck_out
- Judges
- DI Wasike
- Legal Topics
- Limitation Periods, Statutory Bar, Employment Termination, Filing Deadlines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kiria Kinyua
Claimant
Hon. Attorney General
Respondent
Procedural Posture
Employment Cause / Preliminary Objection Ruling
Legal Issues
- 1 Whether the claim is statute barred under section 90 of the Employment Act.
- 2 Whether the court has jurisdiction to extend time for filing claims under section 90 of the Employment Act.
Ratio Decidendi
The court found that the claim was filed six months after the expiry of the statutory limitation period set by section 90 of the Employment Act. The section is couched in mandatory terms and does not allow for extension of time once the limitation period has lapsed. Therefore, the claim is statute barred and must be struck out.
Court Disposition
claim_struck_out
Orders
- The suit is struck out for being statute barred under section 90 of the Employment Act.
- No order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF
KENYA AT NAIROBI
CAUSE NUMBER 1620 OF 2017
JOSEPH KIRIA KINYUA......................................................................CLAIMANT
VERSUS
HON. ATTORNEY GENERAL.........................................................RESPONDENT
RULING
1. The respondent raised as preliminary the objection that the claim is statue barred hence offends section 90 of the Employment Act. According to the respondent, the claimant was dismissed from service on 13th February, 2014 and the claim filed on 18th August 2017 hence statute barred.
2. If as pleaded; the claimant was terminated on 13th February, 2014 this claim ought to have been filed on or before 14th February, 2017. The claimant however filed the claim on 18th August, 2017 some six months after the expiry of limitation period.
3. Section 90 of the Employment Act is couched n mandatory terms and does not allow for extension of time once lapsed.
4. The objection is therefore merited and the suit is hereby struck out with no order as to costs.
5. It is so ordered.
Dated at Nairobi this 31st day of May, 2019
Abuodha J. N.
Judge
Delivered this 31st day of May, 2019
Maureen Onyango
Principal Judge
In the presence of:-
…………………………………………………………for the Claimant and
……………………………………………………………for the Respondent.