[2016] KEELRC 1525 (KLR)
The court found that the claimant's suit was filed almost six years after the termination of his employment, which is well beyond the three-year limitation period prescribed by Section 90 of the Employment Act 2007. The claimant provided no explanation for the delay. The court held that the claim was statute-barred...
Source-derived case information.
- Citation
- [2016] KEELRC 1525 (KLR)
- Parties
- Claimant: Nesford Mwakisha Mwadime; Respondent: P.N. Mashru Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 454 of 2014
- Procedural Posture
- Employment Cause / Preliminary Objection Ruling
- Outcome
- claim struck out as statute-barred
- Judges
- J Rika
- Legal Topics
- Limitation Periods, Unfair Termination, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nesford Mwakisha Mwadime
Claimant
P.N. Mashru Limited
Respondent
Procedural Posture
Employment Cause / Preliminary Objection Ruling
Legal Issues
- 1 Whether the claim was filed within the statutory limitation period under Section 90 of the Employment Act 2007.
- 2 Whether the claim for unfair termination and terminal benefits is properly before the court.
Ratio Decidendi
The court found that the claimant's suit was filed almost six years after the termination of his employment, which is well beyond the three-year limitation period prescribed by Section 90 of the Employment Act 2007. The claimant provided no explanation for the delay. The court held that the claim was statute-barred and therefore improperly before the court, warranting its striking out.
Court Disposition
claim struck out as statute-barred
Orders
- The claim is struck out for being filed outside the statutory limitation period.
- No order as to costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NUMBER 454 OF 2014
BETWEEN
NESFORD MWAKISHA MWADIME …… CLAIMANT
VERSUS
P.N. MASHRU LIMITED ………….…..RESPONDENT
RULING
1. The Claimant filed his Statement of Claim on the 23rd 2014. He states he was employed by the Respondent Company as a Driver, in 1995. His contract was terminated by the Respondent in October 2008. He filed his Claim almost 6 years later, alleging termination was unfair and unlawful, and seeking to be paid terminal benefits and compensation for unfair termination, by his former Employer.
2. The Respondent filed its Statement of Response on the 12th November 2014, raising a point of preliminary objection, based on Section 90 of the Employment Act 2007. The law places a ceiling of 3 years from the date of accrual of causes of action, in filing of such Claims.
3. Parties agreed to have the objection considered and determined on the strength of their written submissions. The Respondent filed its submissions on 26th October 2015. The Claimant did not file any submissions.
4. The Court is satisfied the Claim was filed way beyond the time allowed under Section 90 of the Employment Act 2007. The Claimant did not even attempt to explain delay. His Claim is improperly before the Court, and is hereby struck out, with no order on the costs.
Dated and delivered at Mombasa this 18th day of March, 2016
James Rika
Judge