[2017] KEELRC 1094 (KLR)

[2017] KEELRC 1094 (KLR)

The court held that it has no jurisdiction to extend the time for filing employment-related claims once the limitation period prescribed under Section 90 of the Employment Act has lapsed. This statutory provision is mandatory and ousts the court's power to enlarge time in such circumstances, thereby barring any...

Source-derived case information.

Citation
[2017] KEELRC 1094 (KLR)
Parties
Applicant: Joyce Kale Mithai; Respondent: Michimiriku Tea Company Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Miscellaneous Application 104 of 2016
Procedural Posture
Miscellaneous Application / Ruling
Outcome
Application dismissed for want of jurisdiction.
Judges
DI Wasike
Legal Topics
Limitation Periods, Jurisdiction of Court, Extension of Time
Source Language
en
Employment and Labour Limitation Periods Jurisdiction of Court Extension of Time

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Summary, issues, holding and outcome

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Parties

Joyce Kale Mithai

Applicant

Michimiriku Tea Company Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the court has jurisdiction to extend time for filing employment claims after the limitation period under Section 90 of the Employment Act has lapsed.

Ratio Decidendi

The court held that it has no jurisdiction to extend the time for filing employment-related claims once the limitation period prescribed under Section 90 of the Employment Act has lapsed. This statutory provision is mandatory and ousts the court's power to enlarge time in such circumstances, thereby barring any claim brought outside the prescribed period.

Court Disposition

Application dismissed for want of jurisdiction.

Orders

  • The court lacks jurisdiction to extend time once the limitation period under Section 90 of the Employment Act has lapsed.