[2018] KEELRC 2459 (KLR)
The court found that the claimants were dismissed from employment in 2006, and the suit was filed in 2016, over eight years after the cause of action arose. Since the Employment Act, 2007 came into effect after the claimants' dismissal, the applicable law is the Limitation of Actions Act, which provides a six-year...
Source-derived case information.
- Citation
- [2018] KEELRC 2459 (KLR)
- Parties
- Applicant: Maurice Dominic Odhiambo; Applicant: Dickson Kibet Rono; Respondent: Inspector General Kenya Police Service; Respondent: Attorney General Republic of Kenya
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 270 of 2016
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection
- Outcome
- suit dismissed for want of jurisdiction due to limitation
- Judges
- MN Nduma, DO Ogal
- Legal Topics
- Limitation Periods, Employment Termination, Jurisdiction, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice Dominic Odhiambo
Applicant
Dickson Kibet Rono
Applicant
Inspector General Kenya Police Service
Respondent
Attorney General Republic of Kenya
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the suit is time barred under the applicable limitation statute.
- 2 Whether the Employment Act, 2007 or the Limitation of Actions Act applies to the claimants' cause of action.
- 3 Whether the court has jurisdiction to entertain the suit filed outside the limitation period.
Ratio Decidendi
The court found that the claimants were dismissed from employment in 2006, and the suit was filed in 2016, over eight years after the cause of action arose. Since the Employment Act, 2007 came into effect after the claimants' dismissal, the applicable law is the Limitation of Actions Act, which provides a six-year limitation period for contractual claims. The suit was therefore filed outside the limitation period, and the court, following binding appellate authority, held that it lacked jurisdiction to entertain the matter. The suit was dismissed accordingly.
Court Disposition
suit dismissed for want of jurisdiction due to limitation
Orders
- The suit is dismissed for being time barred.
- No order as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 270 OF 2016
(Before Hon. Justice Mathews N. Nduma)
MAURICE DOMINIC ODHIAMBO.............................................1ST CLAIMANT
DICKSON KIBET RONO ………….....……………........…….2ND CLAIMANT
=VERSUS=
INSPECTOR GENERAL KENYA POLICE SERVICE........1ST RESPONDENT
ATTORNEY GENERAL REPUBLIC OF KENYA...............2ND RESPONDENT
RULING
1. The Respondent raised a Preliminary Objection to the suit to the effect that the suit by the Claimants is time barred by dint of section 90 of the Employment Act, 2007, which provides for a limitation period of three (3) years for a suit arising from Employment contracts or relationship.
2. It is clear from the Memorandum of Claim filed on 25th February 2016, that the Claimants were dismissed from the police service by a letter dated 23rd July 2007, the dismissal to take effect on 3rd November, 2006.
3. The law of limitation applicable to this suit is section 4(1) of the Limitation of Actions Act, cap 22 of the laws of Kenya, which provides that a suit based on contract must be filed within six (6) years. This is because the Employment Act, 2007 came to effect in the year 2008 after the Claimants had been dismissed.
4. From the facts not in dispute and apparent on the face of the statement of claim, the suit was filed over eight (8) years after the cause of action arose.
5. Following the decision of the Court of Appeal in Divecon v Samani [1995-1998] EA 48 cited with approval in HCC at Homa Bay Civil Appeal No.57 of 2015 KPLC Ltd v Collins Agumba Aboge , no court has authority to extend time for filing of a matter based on contract.
6. Accordingly, this suit is dismissed for the court lacks jurisdiction to entertain it out of the limitation period. No order as to costs.
Dated and Signed in Kisumu this 1st day of February, 2018
Mathews N. Nduma
Judge
Delivered and signed in Nairobi this 16th day of February, 2018
Maureen Onyango
Judge
Appearances
Mr. Kioko for Objector
Mr. Oundo for Respondent
Anne Njung’e – Court Clerk