[2015] KEELRC 1517 (KLR)
The court found that the running of time for limitation purposes in employment disputes is triggered by the date of termination. Since the claimant had not been served with a termination letter and this fact was not disputed by the 1st Respondent, the court held that the cause of action had not accrued in a manner...
Source-derived case information.
- Citation
- [2015] KEELRC 1517 (KLR)
- Parties
- Claimant: Kennedy M. Oyugi; Respondent: Attorney General; Respondent: Inspector General of Police; Respondent: Deputy Inspector General of Police; Respondent: National Police Service Commission
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1440 of 2013
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection
- Outcome
- preliminary objection overruled
- Judges
- L Ndolo
- Legal Topics
- Limitation of Actions, Termination of Employment, Preliminary Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy M. Oyugi
Claimant
Attorney General
Respondent
Inspector General of Police
Respondent
Deputy Inspector General of Police
Respondent
National Police Service Commission
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the claimant's suit is statute barred under the Public Authorities Limitation Act, Employment Act, and Limitation of Actions Act.
- 2 Whether the absence of a termination letter affects the accrual date for limitation purposes.
Ratio Decidendi
The court found that the running of time for limitation purposes in employment disputes is triggered by the date of termination. Since the claimant had not been served with a termination letter and this fact was not disputed by the 1st Respondent, the court held that the cause of action had not accrued in a manner that would render the claim statute barred. Consequently, the preliminary objection was found to be without basis and was overruled. The Respondents were directed to file their reply to the claim within 21 days.
Court Disposition
preliminary objection overruled
Orders
- The preliminary objection by the 1st Respondent is overruled.
- The Respondents are directed to file their Reply to the Claimant's claim within 21 days from the date of this ruling.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO 1440 OF 2013
KENNEDY M. OYUGI...................................................................CLAIMANT
V
ATTORNEY GENERAL........................................................1ST RESPONDENT
INSPECTOR GENERAL OF POLICE.....................................2ND RESPONDENT
DEPUTY INSPECTOR GENERAL OF POLICE........................3RD RESPONDENT
NATIONAL POLICE SERVICE COMMISSION........................4TH RESPONDENT
RULING
1. This ruling relates to a preliminary objection taken by the 1st Respondent by way of notice filed in Court on 18th November 2014 to the effect that the Claimant's claim is statute barred and should therefore be struck out.
2. Ms. Chesiyna for the 1st Respondent submitted that the cause of action herein arose in 2003 and the claim which was filed on 3rd February 2014 is therefore incompetent. Counsel pointed out that the claim is statute barred by virtue of Section 3(2) of the Public Authorities Limitation Act, Section 90 of the Employment Act and Section 4(1) of the Limitation of Actions Act.
3. The Claimant filed a response on 8th December 2014 stating that the Respondent's preliminary objection is in contravention of the Constitution of Kenya, 2010. With regard to the accrual date of the cause of action, the Claimant told the Court that to date he had not been served with a termination letter.
4. In determining a preliminary objection in a claim arising out of termination of employment, the date of termination which heralds the running of time is critical. The Claimant claims that he was not issued with a termination letter, an allegation that the 1st Respondent does not refute. In the circumstances, the Court finds the preliminary objection by the 1st Respondent to be without basis and hereby overrules it. The Respondents are directed to file their Reply to the Claimant's claim within the next 21 days from the date of this ruling.
5. The costs of this application will be in the cause.
Orders accordingly.
DATED SIGNED AND DELIVERED IN OPEN COURT NAIROBI THIS 21ST DAY OF JANUARY 2015
LINNET NDOLO
JUDGE
Appearance:
Kennedy M. Oyugi (the Claimant in person)
Ms. Chesiyna for the 1st Respondent