[2014] KEELRC 149 (KLR)
The court found that the claimant's cause of action arose in February 1997 when his salary was stopped, which he construed as wrongful termination. The suit was filed nearly 16 years later, far outside the limitation period prescribed by law. The claimant did not provide any explanation or evidence of seeking leave...
Source-derived case information.
- Citation
- [2014] KEELRC 149 (KLR)
- Parties
- Claimant: Silas Obuhatsa David; Respondent: Teachers Service Commission
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 1021 of 2013
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection
- Outcome
- suit struck out as incompetent
- Legal Topics
- Limitation of Actions, Termination of Employment, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silas Obuhatsa David
Claimant
Teachers Service Commission
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the suit is statute barred under the Limitation of Actions Act and Public Authorities Limitation Act.
- 2 Whether the court has jurisdiction to entertain a claim filed approximately 16 years after the alleged cause of action arose.
Ratio Decidendi
The court found that the claimant's cause of action arose in February 1997 when his salary was stopped, which he construed as wrongful termination. The suit was filed nearly 16 years later, far outside the limitation period prescribed by law. The claimant did not provide any explanation or evidence of seeking leave to file out of time. As limitation goes to the jurisdiction of the court, the court held that it was bound to decline jurisdiction and could not admit a matter commenced so late. Consequently, the suit was struck out as incompetent.
Court Disposition
suit struck out as incompetent
Orders
- The suit is struck out as incompetent.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT NYERI
CAUSE NUMBER 1021 OF 2013
BETWEEN
SILAS OBUHATSA DAVID………………………………………………………CLAIMANT
VERSUS
TEACHERS SERVICE COMMISSION………………………………......RESPONDENT
RULING
1. The Claimant avers that he was employed by the Respondent sometime in July 1992 and worked until February 1997 when he was removed from the Respondent’s payroll.
2. According to him, the removal from the payroll was wrongful and has therefore sought an order for compensation from the Court.
3. The Respondent refutes the allegations and avers that it was justified in stopping the Claimant’s pay since he stopped working without permission or leave.
4. The Respondent by a notice dated 2nd of July 2014, raised a preliminary objection that the suit is statute barred contrary to section 4 of the Limitations of Actions Act and section 3 of Public Authorities Limitation Act.
5. The issue of Limitation goes to the jurisdiction of the Court and whenever raised has to be resolved first.
6. The Claimant in his own pleadings aver that his salary was stopped in February, 1997.
7. He construed the stoppage as wrongful and amounting to termination of employment. He however does not explain why he did not take any action against the Respondent until almost 16 years later.
8. Even if it were possible, no evidence is shown that leave or attempt to get one was tried by the Claimant prior to filing a suit which on the face of it is inordinately late.
9. The Court’s hands are therefore tied and declines to admit a matter that is commenced this late in the day.
10. It therefore becomes inevitable that the suit must be struck out as incompetent.
11. It is so ordered.
Dated at Nairobi this 23rd day of October 2014
Abuodha J. N.
Judge
Delivered this 23rd day of October 2014
In the presence of:-
………………………………………………………………………for the Claimant and
……………………………………………………………………………for the Respondent.
Abuodha J. N.
Judge