[2018] KEELRC 312 (KLR)
The court held that the suit was filed more than six years after the cause of action arose, contrary to section 4(1) of the Limitation of Actions Act, which bars contract-based claims after six years. The court further relied on the Court of Appeal decision in Devicon, which precludes the extension of time for...
Source-derived case information.
- Citation
- [2018] KEELRC 312 (KLR)
- Parties
- Claimant: Thomas Jacob Nangumba; Respondent: Teachers Service Commission
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 183 B of 2014
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection (limitation of Action)
- Outcome
- suit struck out as time-barred; court lacks jurisdiction
- Judges
- MN Nduma
- Legal Topics
- Limitation of Actions, Employment Termination, Pension Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Jacob Nangumba
Claimant
Teachers Service Commission
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection (limitation of Action)
Legal Issues
- 1 Whether the suit is time-barred under section 4(1) of the Limitation of Actions Act, Cap 22 Laws of Kenya.
- 2 Whether the court has jurisdiction to entertain a claim filed more than six years after the cause of action arose.
- 3 Whether extension of time can be granted for filing a contract-based employment claim.
Ratio Decidendi
The court held that the suit was filed more than six years after the cause of action arose, contrary to section 4(1) of the Limitation of Actions Act, which bars contract-based claims after six years. The court further relied on the Court of Appeal decision in Devicon, which precludes the extension of time for filing such claims. As no extension of time was sought or available, the court found it lacked jurisdiction to entertain the suit and struck it out as time-barred.
Court Disposition
suit struck out as time-barred; court lacks jurisdiction
Orders
- The suit is struck out as time-barred.
- There is no order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 183 B OF 2014
(Before Hon. Justice Mathews N. Nduma)
THOMAS JACOB NANGUMBA ......................................................................CLAIMANT
VERSUS
TEACHERS SERVICE COMMISSION .....................................................RESPONDENT
R U L I N G
1. The suit was filed on 15th August, 2014. From the face of the statement of claim, the cause of action arose on 1st September 2007, the effective date the Claimant was placed on compulsory retirement vide a letter of notification dated 26th June, 2006. The Respondent then further purported to terminate the Claimant’s employment by a letter dated 26th September, 2007 in which it was indicated that the claimant was not pensionable. This claim is for payment of pension.
2. From the facts presented by the Claimant in the statement of claim, the suit was filed more than six (6) years from the date the cause of action arose.
3. In terms of section 4(1) of Limitation of Actions Act, Cap 22 Laws of Kenya, a suit based on contract cannot be filed more than six (6) years from the date the cause of action arose.
4. In terms of the Court of Appeal decision in the case of Devicon, no extension of time may be granted to file a suit based on contract.
5. In this matter, no such extension of time was sought before filing the suit.
6. Accordingly, the suit is time barred and is struck out since the court lacks jurisdiction to hear it.
7. The effect of this decision is that the suit is dismissed with no order as to costs.
Dated, Delivered and Signed in Kisumu this 20th day of December, 2018
Mathews N. Nduma
Judge
Appearances
Mr. Sitima for the Respondent/Objector
Mr. Kopot for Claimant
Chrispo – Court Clerk