[2017] KEELRC 1082 (KLR)
The court held that the limitation period for employment claims based on contract is governed by section 90 of the Employment Act, which does not permit extension of time once the period has lapsed. The court further found that sections 27 and 28 of the Limitation of Actions Act only allow for extension of time in...
Source-derived case information.
- Citation
- [2017] KEELRC 1082 (KLR)
- Parties
- Applicant: Nahashon Njoroge Mwaura; Respondent: South Sioux Farms Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 102 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time to File Suit
- Outcome
- application dismissed with costs
- Judges
- DI Wasike
- Legal Topics
- Limitation Periods, Extension of Time, Employment Termination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Nahashon Njoroge Mwaura
Applicant
South Sioux Farms Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time to File Suit
Legal Issues
- 1 Whether the court has jurisdiction to extend time for filing an employment claim based on contract after the limitation period has lapsed.
- 2 Whether sections 27 and 28 of the Limitation of Actions Act and section 90 of the Employment Act permit extension of time for employment claims based on contract.
Ratio Decidendi
The court held that the limitation period for employment claims based on contract is governed by section 90 of the Employment Act, which does not permit extension of time once the period has lapsed. The court further found that sections 27 and 28 of the Limitation of Actions Act only allow for extension of time in actions based on tort, not contract. As the applicant's claim was based on contract and the limitation period had expired, the court lacked jurisdiction to grant the extension sought. The application was therefore dismissed as lacking merit.
Court Disposition
application dismissed with costs
Orders
- The application for extension of time to file suit is dismissed with costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NAIROBI
MISCELLANEOUS APPLICATION NO. 102 OF 2016
IN THE MATTER OF LEAVE TO FILE SUIT OUT OF TIME
NAHASHON NJOROGE MWAURA……………………….CLAIMANT
VERSUS
SOUTH SIOUX FARMS LIMITED…………...……….. RESPONDENT
RULING
1. The applicant herein seeks extension of time to file a suit. The application is brought under section 27 and 28 of the Limitation of Actions Act, and Order 37 rule 6 of the Civil Procedure Rules.
2. The applicant states that he fell ill around November, 2012 and was frequently in and out of hospital for much of the year 2013. He sought and obtained sick off but upon recovery in the month of March, 2014 he sought to return to work but was informed that he had been dismissed.
3. Limitation period in respect of employment matters is provided for under section 90 of the Employment Act and applications to this court are governed by the rules of the Court and not Civil Procedure Rules unless expressly provided. But anyhow this court has ruled severally that only actions based on tort are capable of extension of limitation period. Therefore, both section 27 and 28 of the Limitation of Actions Act and Section 90 of the Employment Act do not admit of extension of time for filing actions based on contract once time for doing so has lapsed.
4. The application is therefore found with no merit and is hereby dismissed with costs.
5. It is so ordered.
Dated at Nairobi this 28th day of April 2017
Abuodha J. N.
Judge
Delivered this 16th day of June 2017
In the presence of:-
Mwaura for the Claimant
Abuodha J. N.
Judge