[2018] KEELRC 70 (KLR)
The court held that claims founded on employment contracts prior to 2008 are subject to section 4(1) of the Limitation of Actions Act, which bars actions filed more than six years after the cause of action arose. Since the applicant's claim for salary arrears was filed more than seven years after the alleged...
Source-derived case information.
- Citation
- [2018] KEELRC 70 (KLR)
- Parties
- Applicant: Joseph Nyarango Ondari; Respondent: Secretary General, Union of Kenya Civil Servants; Respondent: Union of Kenya Civil Servants; Respondent: National Executive Committee, Union of Kenya Civil Servants; Respondent: Chairman, Union of Kenya Civil Servants
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 168 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim struck out as time barred.
- Judges
- MN Nduma
- Legal Topics
- Limitation of Actions, Employment Contracts, Salary Arrears
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Nyarango Ondari
Applicant
Secretary General, Union of Kenya Civil Servants
Respondent
Union of Kenya Civil Servants
Respondent
National Executive Committee, Union of Kenya Civil Servants
Respondent
Chairman, Union of Kenya Civil Servants
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claim for salary arrears filed more than six years after the cause of action is time barred under the Limitation of Actions Act.
- 2 Whether the court has jurisdiction to entertain a claim filed outside the statutory limitation period.
Ratio Decidendi
The court held that claims founded on employment contracts prior to 2008 are subject to section 4(1) of the Limitation of Actions Act, which bars actions filed more than six years after the cause of action arose. Since the applicant's claim for salary arrears was filed more than seven years after the alleged entitlement period, and no leave of court was sought or granted, the court found it lacked jurisdiction to entertain the claim. The claim was therefore declared time barred and struck out.
Court Disposition
Claim struck out as time barred.
Orders
- The claim is declared time barred and struck off.
- No order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 168 OF 2016
(Before Hon. Justice Mathews N. Nduma)
JOSEPH NYARANGO ONDARI........................................................APPLICANT
VERSUS
SECRETARY GENERAL
UNION OF KENYA CIVIL SERVANTS................................1ST RESPONDENT
UNION OF KENYA CIVIL SERVANTS...............................2ND RESPONDENT
NATIONAL EXECUTIVE COMMITTEE,
UNION OF KENYA CIVIL SERVANTS..............................3RD RESPONDENT
CHAIRMAN, UNION OF KENYA CIVIL SERVANTS.....4TH RESPONDENT
JUDGMENT
1. This suit was filed on 16th June, 2016 seeking payment of salary arrears not paid between January, 2003 and December, 2009.
2. The Claim was filed more than seven (7) years after the cause of action arose without leave of court.
3. Limitation of time in respect of claims founded on Employment contracts prior to the year 2008 is regulated by section 4(1) of the Limitation of Actions Act, Cap 22 Laws of Kenya.
4. The section provides that no action founded on contract may be filed after lapse of six (6) years from the time the cause of action arose.
5. The Court of Appeal in Devicon case affirmed this position and ruled that no extension of time may be granted to a litigant whose case is founded on contract upon expiry of six years from the date the cause of action arose.
6. Accordingly, the court lacks jurisdiction to entertain this claim and the same is declared time barred and struck off with no order as to costs.
Dated, Signed and Delivered in Kisumu this 6th day of December, 2018
Mathews N. Nduma
Judge
Appearances
S. M. Sagwe & Co. Advocates for Claimant
Chrispo – Court Clerk