[2017] KEELRC 773 (KLR)
The court found that the claimant's cause of action arose in 2007, prior to the commencement of the Employment Act, 2007. Therefore, the applicable limitation period is six years under the Limitation of Actions Act, Cap 226, not the three-year period under section 90 of the Employment Act, 2007. Since the statement...
Source-derived case information.
- Citation
- [2017] KEELRC 773 (KLR)
- Parties
- Claimant: Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (KUDHEIHA); Respondent: German Point Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2037 of 2012
- Procedural Posture
- Preliminary Objection / Ruling
- Outcome
- preliminary objection dismissed
- Legal Topics
- Limitation of Actions, Employment Termination, Preliminary Objection, Statutory Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (KUDHEIHA)
Claimant
German Point Limited
Respondent
Procedural Posture
Preliminary Objection / Ruling
Legal Issues
- 1 Whether the suit is time barred under section 90 of the Employment Act, 2007.
- 2 Whether the preliminary objection is merited based on the limitation period applicable to the claim.
Ratio Decidendi
The court found that the claimant's cause of action arose in 2007, prior to the commencement of the Employment Act, 2007. Therefore, the applicable limitation period is six years under the Limitation of Actions Act, Cap 226, not the three-year period under section 90 of the Employment Act, 2007. Since the statement of claim was filed on 9th October 2012, within six years of the cause of action, the suit is not time barred. The preliminary objection by the respondent is thus misconceived and dismissed with costs to the claimant.
Court Disposition
preliminary objection dismissed
Orders
- The preliminary objection is dismissed with costs to the claimant.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 2037 OF 2012
KENYA UNION OF DOMESTIC, HOTELS,
EDUCATIONAL INSTITUTIONS, HOSPITALS
& ALLIED WORKERS(KUDHEIHA)…….……....….……CLAIMANT
VERSUS
GERMAN POINT LIMITED ..……………...................…....RESPONDENT
Kithi for respondent/objector
Mwari Stephano Njiru for the claimant/respondent
RULING
1. The respondent filed a preliminary objection to the suit dated 20th May 2015 on 21st May 2015 to the effect that the suit is time barred by dint of section 90 of the Employment Act, 2007. That the suit is an abuse of the court process and ought to be dismissed.
2. The respondent filed a reply to the preliminary objection dated 10th June 2015 stating that the objection is misconceived as the suit was filed within the stipulated time, the matter having been commenced vide a mandatory report to the Minister for Labour under Trade disputes Act, Cap 234 of the laws of Kenya.
3. The statement of claim was filed on 9th October 2012 and states that the claimant worked for the respondent until 2007, when his employment was terminated and seeks terminal benefits set out in the statement of claim in the sum of Kshs.104,946.
4. It is clear from the face of the statement of claim that the suit was filed within six (6) years prescribed by the limitation of Actions Act, Cap 226 of the laws of Kenya which provides for a limitation period of six (6) years in respect of matters based on contract.
5. Section 90 of the Employment Act, 2007 is inapplicable in this suit because the Act came into effect in August 2008.
6. The preliminary objection is misconceived and is dismissed with costs to the claimant.
Dated, Signed and delivered at Nairobi this 25th day of August, 2017.
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE