[2018] KEELRC 1150 (KLR)

[2018] KEELRC 1150 (KLR)

The court held that it does not have jurisdiction to extend the limitation period for filing suits under section 90 of the Employment Act. The statutory provision is mandatory and does not confer discretion upon the court to enlarge time for instituting employment claims. Consequently, the application for extension...

Source-derived case information.

Citation
[2018] KEELRC 1150 (KLR)
Parties
Applicant: Rhoda Kyengo; Applicant: Munywoki Mbithi; Applicant: Jedida Wanjiru; Applicant: Robert Kamuru Marero; Applicant: Elisheva Wambui; Applicant: Eleni Ndetto; Applicant: Jeremiah Irungu; Applicant: Samuel Maranga; Applicant: Kavutha Bewesi; Applicant: William Waweru; Applicant: Shem Okelo; Applicant: Delias Mwathiswa & Others; Respondent: House of Manji Ltd; Respondent: Manji Biscuits Ltd
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 98 of 2017
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time
Outcome
application dismissed for want of jurisdiction
Judges
DI Wasike
Legal Topics
Limitation of Actions, Jurisdiction of Court, Extension of Time
Source Language
en
Employment and Labour Limitation of Actions Jurisdiction of Court Extension of Time

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Parties

Rhoda Kyengo

Applicant

Munywoki Mbithi

Applicant

Jedida Wanjiru

Applicant

Robert Kamuru Marero

Applicant

Elisheva Wambui

Applicant

Eleni Ndetto

Applicant

Jeremiah Irungu

Applicant

Samuel Maranga

Applicant

Kavutha Bewesi

Applicant

William Waweru

Applicant

Shem Okelo

Applicant

Delias Mwathiswa & Others

Applicant

House of Manji Ltd

Respondent

Manji Biscuits Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the court has jurisdiction to extend time for filing of suits under the Employment Act.
  2. 2 Whether the application for extension of time should be granted.

Ratio Decidendi

The court held that it does not have jurisdiction to extend the limitation period for filing suits under section 90 of the Employment Act. The statutory provision is mandatory and does not confer discretion upon the court to enlarge time for instituting employment claims. Consequently, the application for extension of time was dismissed for want of jurisdiction.

Court Disposition

application dismissed for want of jurisdiction

Orders

  • The application dated 4th August, 2017 seeking extension of time to file a suit is dismissed.
  • No extension of time is granted.