[2015] KEELRC 170 (KLR)
The court found that the facts regarding the dates of termination and the dates of filing the suits were not in dispute. Applying section 90 of the Employment Act, 2007, the court held that the claims were filed outside the prescribed three-year limitation period and were therefore time barred. However, the court...
Source-derived case information.
- Citation
- [2015] KEELRC 170 (KLR)
- Parties
- Applicant: Julius Karimi; Applicant: Benson Kagunda; Applicant: Francis Kimunyi; Respondent: Inoi Farmers Co-operative Society
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 77 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Suits determined as time barred, subject to consent orders of 29.07.2015.
- Judges
- B Ongaya
- Legal Topics
- Limitation Periods, Unfair Termination, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Karimi
Applicant
Benson Kagunda
Applicant
Francis Kimunyi
Applicant
Inoi Farmers Co-operative Society
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimants' suits were time barred under section 90 of the Employment Act, 2007.
- 2 Whether the consent orders recorded on 29.07.2015 affect the determination of the suits.
Ratio Decidendi
The court found that the facts regarding the dates of termination and the dates of filing the suits were not in dispute. Applying section 90 of the Employment Act, 2007, the court held that the claims were filed outside the prescribed three-year limitation period and were therefore time barred. However, the court noted that consent orders had been recorded by the parties on 29.07.2015, and thus, the suits were determined as time barred subject to those consent orders, allowing the parties liberty to record terms of agreement in respect of the 3rd claimant's matter.
Court Disposition
Suits determined as time barred, subject to consent orders of 29.07.2015.
Orders
- Subject to the consent orders recorded in court on 29.07.2015, the suits are hereby determined as they were time barred.
- Parties at liberty to record in court terms of agreement as they deem appropriate to meet agreed ends of justice in respect of the 3rd claimant’s matter.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NYERI
CAUSE NO.77 OF 2015
(Formerly Consolidated Causes No. 1200,1215 and 1218 of 2010 at Nairobi)
JULIUS KARIMI.....................................................................1ST CLAIMANT
BENSON KAGUNDA............................................................2ND CLAIMANT
FRANCIS KIMUNYI...............................................................3RD CLAIMANT
VERSUS
INOI FARMERS CO-OPERATIVE SOCIETY..........................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday, 4th December, 2015)
JUDGMENT
The claimants filed their respective memoranda of claims on 08. 10. 2010. The 1st and 3rd claimants pleaded that they were each terminated unfairly from the respondent’s employment on 28. 09. 2018 while the 2nd claimant pleaded that he was terminated from employment on 28. 07. 2007. The respondent has pleaded by way of a preliminary objection that the suits are time barred because they were filed after the lapsing of the 3 years prescribed in section 90 of the Employment Act, 2007.
The facts on the date of the termination and the date of filing of the suits are clearly not in dispute. Accordingly, the court finds that the cited section applied and the suits were indeed time barred.
However, the parties had recorded in court consent orders on 29. 07. 2015. The court returns that subject to the consent orders of 29. 07. 2015, the suits are determined as they are time barred.
In conclusion, the court makes judgment and orders as follows:
That subject to the consent orders recorded in court on 29. 07. 2015, the suits are hereby determined as they were time barred.
As per the consent orders of 29. 07. 2015, parties at liberty to record in court terms of agreement as they deem appropriate to meet agreed ends of justice in respect of the 3rd claimant’s matter.
Each party to bear own costs of the suits.
A decree to issue accordingly in the suits as consolidated.
Signed, datedanddeliveredin court atNyerithisFriday, 4th December, 2015.
BYRAM ONGAYA
JUDGE