[2019] KEELRC 964 (KLR)
The court found that the claim was filed three years and eleven months after the cause of action arose, exceeding the statutory limitation period of three years under Section 90 of the Employment Act, 2007. Citing binding precedent, the court held it lacked jurisdiction to entertain the suit and that no extension of...
Source-derived case information.
- Citation
- [2019] KEELRC 964 (KLR)
- Parties
- Claimant: Kenya Union of Commercial, Food and Allied Workers; Respondent: National Social Security Fund
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 392 of 2015
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection
- Outcome
- suit struck out as time barred
- Judges
- MN Nduma
- Legal Topics
- Limitation of Actions, Employment Termination, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Commercial, Food and Allied Workers
Claimant
National Social Security Fund
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the suit is time barred under Section 90 of the Employment Act, 2007.
- 2 Whether the court has jurisdiction to entertain a suit filed more than three years after the cause of action arose.
- 3 Whether extension of time can be granted for claims founded on contract of employment.
Ratio Decidendi
The court found that the claim was filed three years and eleven months after the cause of action arose, exceeding the statutory limitation period of three years under Section 90 of the Employment Act, 2007. Citing binding precedent, the court held it lacked jurisdiction to entertain the suit and that no extension of time could be granted for employment contract claims. Consequently, the suit was struck out as time barred.
Court Disposition
suit struck out as time barred
Orders
- The suit is struck out for being time barred under Section 90 of the Employment Act, 2007.
- No order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 392 OF 2015
(Before Hon. Justice Mathews N. Nduma)
KENYA UNION OF COMMERCIAL, FOOD AND
ALLIED WORKERS..................................................................... CLAIMANT
VERSUS
NATIONAL SOCIAL SECURITY FUND...............................RESPONDENT
RULING
1. The respondent raised preliminary objection to the claim in the memorandum of response filed on 5th November 2015 to the effect that the suit is time barred by dint of Section 90 of the Employment Act, 2007.
2. From the facts not in dispute, the grievants were dismissed from employment on 21st September 2011 and the claimant filed the suit on their behalf on 5th November 2015 three years and Eleven months from the date the cause of action arose.
3. Following the decision in the case of Fred Mudave Gugo vs G4S Security Services (K) Ltd (2014) eKLR and the Court of Appeal decision in Devicon case, the court lacks jurisdiction to entertain a suit filed more than three (3) years from the date the cause of action arose.
4. In the present case, no application for extension of time was filed prior to the filing of the suit. Even if one had been filed, the extension of time cannot be granted on a claim founded on contract of employment.
5. Accordingly, the court lacks jurisdiction to entertain the suit out of time and the suit is struck out with no order as to costs.
Ruling Dated, Signed and delivered this 30th day of July, 2019
Mathews N. Nduma
Judge
Appearances
Mr. Dickens Ouma for Respondent/Objector
Mr. Charles Egesa for Claimant
Chrispo – Court Clerk