[2021] KEELRC 2412 (KLR)
The court found that the claim was filed well outside the three-year limitation period mandated by section 90 of the Employment Act. The claimant was dismissed on 8th November 2012, and the claim was not filed until 5th August 2020. The court emphasized that the limitation period is mandatory and the court has no...
Source-derived case information.
- Citation
- [2021] KEELRC 2412 (KLR)
- Parties
- Applicant: Silas K. Tanui; Respondent: Teachers Service Commission (TSC)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Cause 30 of 2020
- Procedural Posture
- Preliminary Objection / Ruling on Preliminary Objection
- Outcome
- claim struck out as statute barred
- Legal Topics
- Limitation Periods, Unlawful Dismissal, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silas K. Tanui
Applicant
Teachers Service Commission (TSC)
Respondent
Procedural Posture
Preliminary Objection / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the claim is statute barred under section 90 of the Employment Act.
- 2 Whether the court has discretion to extend the limitation period set by statute.
Ratio Decidendi
The court found that the claim was filed well outside the three-year limitation period mandated by section 90 of the Employment Act. The claimant was dismissed on 8th November 2012, and the claim was not filed until 5th August 2020. The court emphasized that the limitation period is mandatory and the court has no discretion to extend it. Since the claimant did not provide any explanation for the delay or any legal basis for extension, the suit was held to be statute barred and was struck out with costs.
Court Disposition
claim struck out as statute barred
Orders
- The suit is struck out with costs to the respondent.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA
AT ELDORET
COURT NAME: ELDORET LAW COURT
CAUSE NUMBER: ELRCC/30/2020
CITATION: SILAS K. TANUI VS TEACHERS SERVICE COMMISSION(TSC)
RULING
1. By a notice of Preliminary Objection filed on 15th January, 2021 the respondent contended that the statement of claim dated 5th August, 2020 was statute barred pursuant to mandatory provisions of section 90 of the Employment Act.
2. According to the respondent, the Claimant who was employed by the respondent as a teacher was dismissed on 8th November, 2012 on account of desertion of duties. The cause of action therefore arose on the date of the verdict and time began to run from then. The Claimant ought to have filed the claim within three years from the date aforementioned. Pursuant to section 90 of the Employment Act. The claim ought therefore to have been filed on or before 8th November, 2015.
3. On the face of the statement of claim the Claimant has pleaded that he was dismissed on 8th November 2012 hence the dismissal date is not in dispute.
4. In as much as it would not be of much help, the claimant herein did not even attempt to explain what prevented him from contesting the dismissal in court within the period provided for in the Employment Act.
5. Section 90 of the Employment Act is couched in mandatory terms and once the limitation period set by the Act has lapsed, the Court is not clothed with the discretion to enlarge the time set by the statute.
6. The suit herein is therefore stature barred and is hereby struck out with costs.
7. It is so ordered,
GIVEN under my hand and Seal of this Court on 2021-11-27 10:29:56
SIGNED BY: HON. JUSTICE J. N. ABUODHA (ADMINISTER JUSTICE)
THE JUDICIARY OF KENYA.
ELDORET ELRC
EMPLOYMENT AND LABOUR RELATIONS COURT
DATE: 2021-11-27 10:29:56