[2023] KEELRC 2188 (KLR)
The court determined that it does not have the statutory authority to grant leave to file a suit out of time in employment and labour matters. The applicant's request for reinstatement of the application for leave to file suit out of time is therefore untenable. The proper avenue for the applicant to pursue his...
Source-derived case information.
- Citation
- [2023] KEELRC 2188 (KLR)
- Parties
- Applicant: Joseph K Karanja; Respondent: Kiambu County Government; Respondent: Laikipia County Government; Respondent: Turkana County Government
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Cause E019 of 2022
- Procedural Posture
- Miscellaneous Cause / Ruling on Application for Reinstatement of Leave to File Suit Out of Time
- Outcome
- application dismissed
- Judges
- Nzioki wa Makau
- Legal Topics
- Limitation of Actions, Pension Entitlements, Extension of Time, Employment Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph K Karanja
Applicant
Kiambu County Government
Respondent
Laikipia County Government
Respondent
Turkana County Government
Respondent
Procedural Posture
Miscellaneous Cause / Ruling on Application for Reinstatement of Leave to File Suit Out of Time
Legal Issues
- 1 Whether the Employment and Labour Relations Court has jurisdiction to grant leave to file a suit out of time in employment matters.
- 2 Whether the applicant is entitled to reinstatement of the application for leave to file suit out of time regarding pension dues.
Ratio Decidendi
The court determined that it does not have the statutory authority to grant leave to file a suit out of time in employment and labour matters. The applicant's request for reinstatement of the application for leave to file suit out of time is therefore untenable. The proper avenue for the applicant to pursue his pension dues is through the relevant administrative office, not through the court by way of an application for extension of time. As there is no provision in the statute books permitting the extension of time for filing such suits in employment matters, the application must be dismissed.
Court Disposition
application dismissed
Orders
- The application for reinstatement of leave to file suit out of time is dismissed.
- No leave to file suit out of time is granted in employment and labour matters.
Full Case Text
Judgment text and source record
17 paragraphs
Karanja v Kiambu County Government & 2 others (Miscellaneous Cause E019 of 2022) [2023] KEELRC 2188 (KLR) (20 September 2023) (Ruling)
Neutral citation: [2023] KEELRC 2188 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Miscellaneous Cause E019 of 2022
Nzioki wa Makau, J
September 20, 2023
Between
Joseph K Karanja
Applicant
and
Kiambu County Government & 2 Others
Respondent
Ruling
1. The motion before me by the Applicant, is one seeking reinstatement of the application for leave to file suit out of time. The Applicant was an employee of various local governments and he intends to sue the Kiambu County Government alongside Laikipia County Government and Turkana County Government. He served between 1975 and 2008. He has retired and has not been getting full pension.
2. The motion is untenable as the remedy he seeks is one the Court cannot grant. His pension dues are a matter of right, having worked for them and he should pursue the same with the relevant office. This Court is unable to grant any leave to file suit out of time as that is power the Court does not possess. As such, the application is dismissed since no provision exists in the statute books for extension of time to file a suit out of time in relation to employment and labour matters.It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 20TH DAY OF SEPTEMBER 2023NZIOKI wa MAKAUJUDGE