[2019] KEELRC 2122 (KLR)
The court found that the claimant was dismissed on 10th October 2011 and filed the claim on 19th April 2017, which is approximately five and a half years after the cause of action arose. Section 90 of the Employment Act 2007 prescribes a three-year limitation period for employment claims. Since the claim was filed...
Source-derived case information.
- Citation
- [2019] KEELRC 2122 (KLR)
- Parties
- Claimant: Kazungu Dadu Sirya; Respondent: Wells Fargo Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Cause 6 of 2017
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection
- Outcome
- claim struck out as time-barred
- Judges
- J Rika
- 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
Kazungu Dadu Sirya
Claimant
Wells Fargo Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the claim is time-barred under Section 90 of the Employment Act 2007.
- 2 Whether the court has jurisdiction to hear a claim filed outside the statutory limitation period.
Ratio Decidendi
The court found that the claimant was dismissed on 10th October 2011 and filed the claim on 19th April 2017, which is approximately five and a half years after the cause of action arose. Section 90 of the Employment Act 2007 prescribes a three-year limitation period for employment claims. Since the claim was filed outside this statutory period, the court held that it lacked jurisdiction ratione temporis. The claimant's right to litigate expired in October 2014, and therefore, the claim was struck out as time-barred.
Court Disposition
claim struck out as time-barred
Orders
- The claim is hereby struck out under Section 90 of the Employment Act 2007.
- No order on the costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOPYMENT AND LABOUR RELATIONS COURT
AT MALINDI
CAUSE NUMBER 6 OF 2017
BETWEEN
KAZUNGU DADU SIRYA....................................................CLAIMANT
VERSUS
WELLS FARGO LTD......................................................RESPONDENT
RULING
1. The Claimant initiated the proceedings herein, against his former Employer, Wells Fargo Limited. The Statement of Claim was filed on 19th April 2017. He alleges he was employed by the Respondent as a Controller attached to the Alarms Department, on 1st October 2004, on a monthly salary of Kshs. 7,500. His contract was terminated by the Respondent on 10th October 2011. There was no notice. No valid reason was given by the Respondent in justifying termination. The Claimant prays the Court to find termination was unfair, and grant terminal benefits, computed at Kshs. 3,310,810.
2. The Respondent filed a Notice of Preliminary Objection on 21st February 2018, stating that the Claim is time-barred, under Section 90 of the Employment Act 2007.
3. It was agreed in Court by the Parties, on 17th July 2018, that the Objection is considered and determined through written Submissions. The record indicates the Respondent filed its Submissions on 10th August 2018, while none have been filed by the Claimant.
The Court Finds:-
4. It is clear from the Statement of Claim, that the Claimant was dismissed on 10th October 2011. He filed his Statement of Claim on 19th April 2017, 5 ½ years, after the cause of action arose. The Claim was filed out of the 3-year period, prescribed under Section 90 of the Employment Act. The Court lacks jurisdiction ratione temporis.The Claimant’s right to litigate expired in October 2014.
IT IS ORDERED:-
a) The Claim is hereby struck out under Section 90 of the Employment Act 2007.
b) No order on the costs.
c) The file is closed.
Dated and delivered at Malindi this 28th day of February 2019.
James Rika
Judge