[2017] KEELRC 1680 (KLR)
The court held that Section 90 of the Employment Act is explicit in barring extension of time to file employment-related suits once the three-year limitation period has expired. The general law of limitation, as set out in the Limitation of Actions Act, does not provide for extension of time in respect of employment...
Source-derived case information.
- Citation
- [2017] KEELRC 1680 (KLR)
- Parties
- Claimant: Milton Lihanda; Respondent: Ideal Ceramics Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 9 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time
- Outcome
- application dismissed for want of jurisdiction
- Judges
- DI Wasike, NJ Abuodha
- Legal Topics
- Limitation Periods, Extension of Time, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Milton Lihanda
Claimant
Ideal Ceramics Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the court has jurisdiction to extend time to file a suit under the Employment Act after the limitation period has lapsed.
Ratio Decidendi
The court held that Section 90 of the Employment Act is explicit in barring extension of time to file employment-related suits once the three-year limitation period has expired. The general law of limitation, as set out in the Limitation of Actions Act, does not provide for extension of time in respect of employment contract claims. Consequently, the court lacks jurisdiction to entertain applications for extension of time in such matters, and the application was dismissed for want of jurisdiction.
Court Disposition
application dismissed for want of jurisdiction
Orders
- The application for extension of time is dismissed for want of jurisdiction.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
MISC 9 OF 2016
MILTON LIHANDA …………..……..CLAIMANT
VERSUS
IDEAL CERAMICS LIMITED …...RESPONDENT
RULING
1. Section 90 of the Employment Act is couched in a way that does not admit of extension of time once the period within which a suit must be filed has elapsed. In fact the general law of limitation only permits extension of time to file actions founded on tort under circumstances delimited in the Limitation of Actions Act.
2. The court therefore lacks jurisdiction to extend time to file suit arising out of employment contracts governed by the Employment Act once the prescribed period of three years has lapsed.
3. The application is therefore dismissed for want of jurisdiction.
4. It is so ordered.
Dated at Nairobi this 3rd day of March, 2017
Abuodha J. N.
Judge
Delivered this 3rd day of March, 2017
Abuodha Jorum Nelson
Judge
In the presence of:-
………………………………………………………for Claimant
……………………………………………….…for Respondent
Abuodha Jorum Nelson
Judge