[2019] KEELRC 1343 (KLR)
The court found that the claimant received the conciliator's report on 15th June, 2009, and the claim was filed on 9th October, 2012, which was beyond the limitation period set by section 90 of the Employment Act. The claimant failed to file any affidavit or documentation to support the assertion that the delay was...
Source-derived case information.
- Citation
- [2019] KEELRC 1343 (KLR)
- Parties
- Claimant: KUDHEIHA Workers; Respondent: BOG Lenana School
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 645 of 2014
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection
- Outcome
- claim struck out as statute barred
- Judges
- DI Wasike
- Legal Topics
- Limitation of Actions, Employment Act Section 90, Conciliation Process, Statutory Bar, Preliminary Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
KUDHEIHA Workers
Claimant
BOG Lenana School
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the claimant's suit is statute barred under section 90 of the Employment Act.
- 2 Whether the period spent in conciliation can extend the limitation period for filing the claim.
Ratio Decidendi
The court found that the claimant received the conciliator's report on 15th June, 2009, and the claim was filed on 9th October, 2012, which was beyond the limitation period set by section 90 of the Employment Act. The claimant failed to file any affidavit or documentation to support the assertion that the delay was due to the conciliation process. Therefore, the suit was statute barred and could not be sustained.
Court Disposition
claim struck out as statute barred
Orders
- The claim is struck out for being statute barred under section 90 of the Employment Act.
- No order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OFKENYA
AT NAIROBI
CAUSE 645 OF 2014
KUDHEIHA WORKERS..................................................CLAIMANT
VERSUS
BOG LENANA SCHOOL................................................RESPONDENT
RULING
1. By a Notice of Preliminary Objection filed on 21st June, 2017 the respondent contended that the claimants suit was statute barred by virtue of section 90 of the Employment Act.
2. When the matter came for hearing on 22nd June, 2017 the Court directed that the claimant files documents and affidavit in support of the allegation that the delay in filing the suit was occasioned by the time the matter took while undergoing conciliation. Mr Ombima for the claimant never filed such affidavit or documentation.
3. From the claimant’s documents, the conciliator’s report which it agreed with was issued on 24th February, 2009 and received by the Union on 15th June, 2009. . This claim was filed on 9th October, 2012. The claim ought to have been filed on or before June 2012. It is therefore statute barred within the meaning of section 90 of the Employment Act.
4. The same is therefore struck with no order as to costs.
5. It is ordered.
Dated at Nairobi this 14th day of June, 2019
Abuodha J. N.
Judge
Delivered this 14th day of June, 2019
Abuodha J. N.
Judge
In the presence of:-
...........................................for the Claimant and
..............................................for the Respondent.