[2018] KEELRC 1234 (KLR)
The court found that the claimant's suit was filed on 23 July 2013, more than three years after the cause of action arose on 4 January 2009. Section 90 of the Employment Act requires that such claims be filed within three years. As the suit was filed outside this statutory period, it was statute barred. The absence...
Source-derived case information.
- Citation
- [2018] KEELRC 1234 (KLR)
- Parties
- Claimant: Wilson Munywoki; Respondent: Kenya National Trading Corporation Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1162 of 2013
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection
- Outcome
- suit dismissed as statute barred
- Judges
- AN Makau
- Legal Topics
- Limitation of Actions, Employment Injury Claims, Statutory Bar, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilson Munywoki
Claimant
Kenya National Trading Corporation Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the claimant's suit is statute barred under section 90 of the Employment Act.
- 2 Whether the claim was filed within the prescribed limitation period for employment-related claims.
Ratio Decidendi
The court found that the claimant's suit was filed on 23 July 2013, more than three years after the cause of action arose on 4 January 2009. Section 90 of the Employment Act requires that such claims be filed within three years. As the suit was filed outside this statutory period, it was statute barred. The absence of opposition from the claimant further supported the respondent's preliminary objection. Accordingly, the court dismissed the suit for being time-barred under section 90 of the Employment Act.
Court Disposition
suit dismissed as statute barred
Orders
- The suit is dismissed for being statute barred under section 90 of the Employment Act.
- No order as to costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 1162 OF 2013
WILSON MUNYWOKI............................................................................CLAIMANT
VERSUS
KENYA NATIONAL TRADING CORPORATIONLIMITED.... RESPONDENT
RULING
Introduction
1. The claimant brought this suit on 23. 7.2013 claiming General as well Special damages for bodily injuries he suffered while in the cause of his employment by the respondent on 4. 1.2009. The respondent filed defence denying liability and objected to the suit on the ground that it is statute barred by dint of section 90 of the Employment Act. On 19. 4.2018, counsel for both parties agreed to dispose of the Preliminary Objection (P.O) by written submissions. The respondent filed hers on 24. 4.2018 but the claimant never filed any submissions. Consequently, it is my view that the P.O. is unopposed.
2. However out of abundance of caution I have decided to verify whether the suit is statute barred vis a vis section 90 of the Act.There is no dispute that under section 90 of the Act, any suit founded on the provisions of the said Act or on a contract of employment generally must be commenced within 3 years immediately after the time when the cause of action arose or for continuing breach or injury, within 12 months from the time when the continuing breach or injury ceased.
3. There is no dispute that this suit is brought under section 8, 28, 35, 36, 40, 49, 50 and 87 of the Act as pleaded under paragraph 13 of both the original statement of claim and the Amended Claim filed on 19. 5.2015. Going by the provisions of section 90 of the Act, the suit herein ought to have been commenced latest on 4. 1.2012 when the limitation period lapsed. Consequently filing the same on 23. 7.2013 was obviously out of the said limitation period and that rendered the suit statute barred and it stands dismissed with no costs.
Dated, Signed and Delivered in Open Court at Nairobi this 17thday of August, 2018
ONESMUS N. MAKAU
JUDGE