[2014] KEELRC 337 (KLR)
The court held that since the claimant's cause of action arose before the commencement of the Employment Act, 2007, Section 90 of that Act was inapplicable. Instead, the Limitation of Actions Act, Cap 22, governed the limitation period, providing six years for contract-based claims. The suit was filed within this...
Source-derived case information.
- Citation
- [2014] KEELRC 337 (KLR)
- Parties
- Claimant: Julie Ruraya; Respondent: British-American Tobacco (K)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 239 of 2013
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection
- Outcome
- preliminary objection dismissed
- Legal Topics
- Redundancy, Limitation Periods, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julie Ruraya
Claimant
British-American Tobacco (K)
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the suit is time-barred under the applicable limitation statute.
- 2 Whether Section 90 of the Employment Act, 2007 applies to causes of action arising before its commencement.
Ratio Decidendi
The court held that since the claimant's cause of action arose before the commencement of the Employment Act, 2007, Section 90 of that Act was inapplicable. Instead, the Limitation of Actions Act, Cap 22, governed the limitation period, providing six years for contract-based claims. The suit was filed within this period, rendering the preliminary objection on limitation without merit. The objection was therefore dismissed with costs to the claimant, and the matter was directed to proceed in the normal course.
Court Disposition
preliminary objection dismissed
Orders
- The preliminary objection is dismissed with costs to the claimant.
- The matter to take its normal course.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI
CAUSE NO. 239 OF 2013
JULIE RURAYA …………………………..…….…….CLAIMANT
VERSUS
BRITISH-AMERICAN TOBACCO (K) ……….…RESPONDENT
M/S Gladwell Mumia for Respondent / Applicant
RULING
1. This suit was commenced by a statement of claim dated 2nd February 2013 filed on 21st February 2013.
2. According to the particulars of claim contained in the statement of claim the Claimant was declared redundant by a letter dated 23rd February 2007. The redundancy was to take effect from 15th March 2007 which was stated in the letter to be her last day at work.
3. The current Employment Act, 2007 came into operation in June 2008 and therefore Section 90 of the same Act is not applicable to suits whose cause of action arose prior to the coming into operation of the said Act.
4. It is trite that the Limitation of Actions Act, Cap 22 is applicable to this and other employment and labour matters which arose prior to the coming into operation of the Employment Act 2007.
5. In terms of Section 4(1) of Cap 22, all matters founded on contract must be filed within the six (6) years.
As noted above, the cause of action in this matter arose on 13th March 2007, and the suit was filed on 21st February, 2012, well within the six (6) years period.
The preliminary objection is misconceived and therefore is not upheld with costs to the Claimant.
The matter to take its normal course.
Dated and Delivered at Nairobi this 25th day of July, 2014.
MATHEWS N. NDUMA
PRINCIPAL JUDGE