[2021] KEELRC 2401 (KLR)
The court held that Section 90 of the Employment Act is couched in mandatory terms, depriving the court of any discretion or jurisdiction to extend the limitation period for filing employment-related suits. As the time limited by the section had lapsed, the application for extension of time was incompetent and had...
Source-derived case information.
- Citation
- [2021] KEELRC 2401 (KLR)
- Parties
- Applicant: Moses Kimutai Mneria; Respondent: Teachers Service Commission
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- ? E019 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time
- Outcome
- application dismissed
- 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
Moses Kimutai Mneria
Applicant
Teachers Service Commission
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the court has jurisdiction to extend time for filing a suit under Section 90 of the Employment Act after the limitation period has lapsed.
Ratio Decidendi
The court held that Section 90 of the Employment Act is couched in mandatory terms, depriving the court of any discretion or jurisdiction to extend the limitation period for filing employment-related suits. As the time limited by the section had lapsed, the application for extension of time was incompetent and had to be dismissed. The court emphasized that this position has been consistently upheld by both the Employment and Labour Relations Court and the Court of Appeal.
Court Disposition
application dismissed
Orders
- The application is dismissed for want of jurisdiction under Section 90 of the Employment Act.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA
AT ELDORET
COURT NAME: ELDORET LAW COURT
CAUSE NUMBER: ELRCMISC/E019/2021
CITATION: MOSES KIMUTAI MNERIA VS TEACHERS SERVICE COMMISSION
RULING
ON 2021-10-29 BEFORE HON. JUSTICE J. N. ABUODHA
1. Section 90 of the Employment Act is couched in mandatory terms such that once the time limited by the section for filing a suit based on the Act or contract of employment has lapsed the Court does not have the discretion and or jurisdiction to extend time.
2. This Court and the Court of Appeal has so held in several cases which the applicant’s counsel could have reviewed and advised her client appropriately. The application is therefore found incompetent and is hereby dismissed with no order as to costs.
3. It is so ordered.
GIVEN under my hand and Seal of this Court on 2021-11-27 10:48:34
SIGNED BY: HON. JUSTICE J. N. ABUODHA (ADMINISTER JUSTICE)
THE JUDICIARY OF KENYA.
ELDORET ELRC
EMPLOYMENT AND LABOUR RELATIONS COURT
DATE: 2021-11-27 10:48:34