[2017] KEELRC 986 (KLR)
The court held that it does not have jurisdiction to extend the time for filing claims under the Employment Act once the statutory limitation period has expired. Section 90 of the Employment Act prescribes a strict limitation period for employment-related claims, and the court is not empowered to grant extensions...
Source-derived case information.
- Citation
- [2017] KEELRC 986 (KLR)
- Parties
- Applicant: Jotham Barasa Lusasi; Respondent: Kenyatta National Hospital
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 46 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Originating Summons Seeking Extension of Time
- Outcome
- application dismissed
- Judges
- DI Wasike
- Legal Topics
- Limitation Periods, Jurisdiction of Court, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jotham Barasa Lusasi
Applicant
Kenyatta National Hospital
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Originating Summons Seeking Extension of Time
Legal Issues
- 1 Whether the Employment and Labour Relations Court has jurisdiction to extend time for filing claims under the Employment Act after the statutory limitation period has lapsed.
Ratio Decidendi
The court held that it does not have jurisdiction to extend the time for filing claims under the Employment Act once the statutory limitation period has expired. Section 90 of the Employment Act prescribes a strict limitation period for employment-related claims, and the court is not empowered to grant extensions after this period lapses. Consequently, the application for extension of time was dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF
KENYA AT NAIROBI
MISCELLANEOUS NO. 46 OF 2016
JOTHAM BARASA LUSASI.......................................CLAIMANT
VERSUS
KENYATTA NATIONAL HOSPITAL.....................RESPONDENT
RULING
1. The Court has reviewed and considered the ex-parte Originating Summons dated 29th February, 2016 and became of the view that under section 90 of the Employment Act, the Court lacks jurisdiction to extend time once the period limited by the Act for filing of cases based on the Act or employment contracts generally has lapsed.
2. The application is therefore dismissed with no order as to costs.
3. It is so ordered.
Dated at Nairobi this 14th day of July 2017
Abuodha J. N.
Judge
Delivered this 14th day of July 2017
In the presence of:-
……………………... for the Claimant
………………........... for the Respondent