[2014] KEELRC 1227 (KLR)
The court found that the applicants had demonstrated sufficient cause for not filing their employment claims within the prescribed limitation period. The existence of ongoing criminal proceedings, which arose from the same facts as their employment termination, constituted a valid reason for the delay. The court...
Source-derived case information.
- Citation
- [2014] KEELRC 1227 (KLR)
- Parties
- Applicant: Peter Dan Oruko & 9 Others; Respondent: Chemilil Sugar Company Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 4 - 13 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Out of Time
- Outcome
- leave to file out of time granted
- Judges
- HS Wasilwa
- Legal Topics
- Limitation of Actions, Leave to File Out of Time, Termination of Employment, Criminal Proceedings Effect, Procedural Law
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Dan Oruko & 9 Others
Applicant
Chemilil Sugar Company Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Out of Time
Legal Issues
- 1 Whether the applicants should be granted leave to file their employment claims out of time due to pending criminal proceedings.
- 2 Whether the existence of criminal cases justified the delay in filing the employment claims.
Ratio Decidendi
The court found that the applicants had demonstrated sufficient cause for not filing their employment claims within the prescribed limitation period. The existence of ongoing criminal proceedings, which arose from the same facts as their employment termination, constituted a valid reason for the delay. The court exercised its discretion under Section 28 of the Limitation of Actions Act to grant leave to the applicants to file their claims out of time, provided they do so within three months from the date of the ruling.
Court Disposition
leave to file out of time granted
Orders
- Applicants are granted leave to file their causes out of time.
- Such causes must be filed within three months from the date of this ruling.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT KISUMU
MISC. APPL NOS. 4 - 13 OF 2014
(Before Hon. Justice Hellen S. Wasilwa on 30th July, 2014)
PETER DAN ORUKO & 9 OTHERS ...................................... CLAIMANTS
-VERSUS-
CHEMILIL SUGAR COMPANY LTD …............................ RESPONDENTS
R U L I N G
This ruling concerns several miscellaneous applications nos; 4/2014, 5/2014, 6/2014, 7/2014, 8/2014, 9/2014, 10/2014, 11/2014, 12/2014, and 13/2014. The applicants were all employees of the respondents herein. They have come to court seeking leave to file their claim out of time. The application was brought under certificate of urgency and filed through a notice of motion brought under S. 27 of the Limitation of Actions Act Cap 22 Laws of Kenya, and order 37 rule 7 of the Civil Procedure Rules 2010. Several affidavits have been filed by the applicants herein; Peter Dan Oruko, Maurice Othech Ochomo, Aloice Otieno Arum, Charles Onyango Ooro, Japheth Kwama Ogilo, Paul Odhiambo Orita, George Ochieng Onyango, Thomas Owino Omollo, Shem Onyango Ogwang, and Jackson Odhiambo Achola.
It is their contention that they were arrested sometimes in 2009 and charged in Nyando Criminal Cases No. 1321/2009 and 1320 of 2009. The applicants in case No. 5/2014, 7/2014, 8/2014 and 13/2014 were charged in Criminal Case No. 1321/2009 which ended on 22. 2.2012. The 2nd group in Criminal Case No. 1320/2009 ended on 16. 4.2013.
It is their contention that they could not have filed their case earlier due to the pending criminal cases. It is on the basis of these criminal proceedings that the claimants were terminated.
Considering the reasons adduced by the applicants for not filing this case within time expected and provisions of S.28 of Cap 22, I grant prayers sought to all applicants and grant them leave to file their causes out of time and in any case not more than 3 months from the date of this ruling.
HELLEN WASILWA
JUDGE
30/7/2014
Appearances:-
Ken Omollo for claimants present
N/A for Respondents
CC. Wamache