[2017] KEELRC 698 (KLR)
The court found that the claimant was dismissed on 20.07.2010 and filed the suit on 20.01.2014, which was beyond the three-year limitation period prescribed by section 90 of the Employment Act, 2007. As a result, the suit was time-barred and could not be considered on its merits. The respondent's failure to defend...
Source-derived case information.
- Citation
- [2017] KEELRC 698 (KLR)
- Parties
- Claimant: Robert Wambugu Maitho; Respondent: Safari Tingting (K) Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 17 of 2014
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- suit dismissed as time-barred
- Judges
- B Ongaya
- Legal Topics
- Limitation Periods, Unlawful Termination, Severance Pay, Notice Pay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Wambugu Maitho
Claimant
Safari Tingting (K) Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant's suit was filed within the statutory limitation period under section 90 of the Employment Act, 2007.
- 2 Whether the claimant is entitled to the reliefs sought for alleged unlawful termination.
Ratio Decidendi
The court found that the claimant was dismissed on 20.07.2010 and filed the suit on 20.01.2014, which was beyond the three-year limitation period prescribed by section 90 of the Employment Act, 2007. As a result, the suit was time-barred and could not be considered on its merits. The respondent's failure to defend the suit did not alter the legal position regarding limitation. The court therefore dismissed the suit with no orders as to costs.
Court Disposition
suit dismissed as time-barred
Orders
- The suit is hereby dismissed with no orders on costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NYERI
CAUSE NO. 17 OF 2014
ROBERT WAMBUGU MAITHO...............................CLAIMANT
VERSUS
SAFARI TINGTING (K) LIMITED........................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday, 29th September, 2017)
JUDGMENT
The claimant filed the memorandum of claim on 20. 01. 2014 through C.M. King’ori & Company Advocates for orders against the respondent for:
a) Kshs. 278,594. 90 being unpaid 2 days worked Kshs.1, 413. 30; 3 months’ salary in lieu of termination notice Kshs.63, 600. 00; unpaid holidays for 9 days each year served Kshs.38, 866. 60; off days for 2 years Kshs.33, 919. 00; and severance pay Kshs.55, 999. 00.
b) Costs and interest.
Despite service the respondent failed to enter appearance or to file defence or to attend the hearing.
The claimant’s case is that he was employed by the respondent as a supervisor from 2005 to 20. 07. 2010 at a monthly salary of Kshs.21, 200. 00. On 02. 03. 2010 the claimant was charged with the offence of stealing by servant contrary to section 281 of the Penal Code in Criminal Case No.575 of 2010. The claimant was acquitted on 20. 07. 2010 under section 210 of the Criminal Procedure Code as the prosecution failed to establish a prima facie case and the claimant was therefore not placed on his defence.
The suit was filed on 20. 01. 2014 and the claimant has pleaded that he was dismissed on 20. 07. 2010. The three years of limitation for filing the suit as per section 90 of the Employment Act, 2007 lapsed on or about 20. 07. 2013. Accordingly the court returns that the suit was time barred and it will not be considered on its merits. As the respondent failed to defend the suit, the court returns that it will be dismissed with no orders on costs.
In conclusion, the suit is hereby dismissed with no orders on costs.
Signed, dated and delivered in court at Nyeri this Friday, 29th September, 2017.
BYRAM ONGAYA
JUDGE