[2021] KEELRC 1353 (KLR)
The court found that the claimant's cause of action arose on or around 30 April 2013, being the last day of his fixed-term contract. Under section 90 of the Employment Act, 2007, the claimant was required to file his claim within three years, i.e., by 30 April 2016. However, the claim was filed on 5 October 2017,...
Source-derived case information.
- Citation
- [2021] KEELRC 1353 (KLR)
- Parties
- Claimant: Robert Ouko Kokiro; Respondent: Director, Lake Victoria Environment Management Authority; Respondent: Permanent Secretary, Ministry of Environment & Mineral Resources
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 401 of 2017
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- cause dismissed as statute-barred
- Legal Topics
- Unfair Termination, Limitation Periods, Fixed Term Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Ouko Kokiro
Claimant
Director, Lake Victoria Environment Management Authority
Respondent
Permanent Secretary, Ministry of Environment & Mineral Resources
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant's suit for unfair termination and withheld dues was filed within the statutory limitation period.
- 2 Whether the claimant was entitled to wages for February, March, and April 2013.
Ratio Decidendi
The court found that the claimant's cause of action arose on or around 30 April 2013, being the last day of his fixed-term contract. Under section 90 of the Employment Act, 2007, the claimant was required to file his claim within three years, i.e., by 30 April 2016. However, the claim was filed on 5 October 2017, well outside the statutory limitation period. The court therefore held that the claim was statute-barred and could not be entertained, regardless of the merits of the underlying allegations of unfair termination or withheld wages.
Court Disposition
cause dismissed as statute-barred
Orders
- The cause is dismissed with no order on costs.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 401 OF 2017
ROBERT OUKO KOKIRO ..........................................................CLAIMANT
v
DIRECTOR, LAKE VICTORIA
ENVIRONMENT MANAGEMENT AUTHORITY.........1st RESPONDENT
PERMANENT SECRETARY, MINISTRY OF
ENVIRONMENT & MINERAL RESOURCES..............2nd RESPONDENT
JUDGMENT
1. Robert Ouko Kokiro (the Claimant) sued the Director, Lake Victoria Environment Management Authority and the Permanent Secretary, Ministry of Environment and Mineral Resources (the Respondent) on 5 October 2017, and he stated the Issues in Dispute as:
Unfair termination of contract and withholding of the Claimant’s dues.
2. Despite the Honourable Attorney General entering appearance for the Respondents, no Response to the Statement of Claim was filed.
3. On 8 October 2019, the Court ordered that the Cause proceeds to formal proof and the Claimant’s testimony was taken on 11 March 2021. The Claimant thereafter filed his submissions on 11 May 2021.
4. The Court has considered the pleadings, evidence and submissions.
Limitation
5. The Claimant was on fixed-term contracts with the Respondents. The last contract was from 16 January 2013 and was to lapse on 30 April 2013 (a copy was not produced in Court).
6. The Claimant asserted that the contract was unlawfully terminated and that he was not issued with a written notice, but he failed to plead or disclose the exact date of termination.
7. The Claimant also alleged breach of contract in that the Respondents did not pay him wages for February, March and April 2013.
8. The Court will therefore assume that the alleged wrongs occurred on or around 30 April 2013.
9. In terms of section 90 of the Employment Act, 2007, the Claimant should have commenced legal action against the Respondents within 3-years, that is, on or before 30 April 2016.
10. The Claimant lodged his Memorandum of Claim in Court on 5 October 2017, outside the prescribed time.
11. The Court finds the cause of action presented by the Claimant statute (time) barred.
12. The Cause is dismissed with no order on costs.
DELIVERED THROUGH MICROSOFT TEAMS, DATED AND SIGNED IN KISUMU ON THIS 1ST DAY OF JULY 2021.
RADIDO STEPHEN,
MCIARB JUDGE
Appearances
For Claimant Mr Aduwo instructed by Mwamu & Co. Advocates
Respondents did not participate
Court Assistant Chrispo Aura