Athmani Mchemi Mghalu v Guard Force Limited [2017] KEELRC 360 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYEMENT AND LABOUR

RELATIONS COURT AT MOMBASA

CAUSE NUMBER 541 OF 2016

BETWEEN

ATHMANI MCHEMI MGHALU ……….....……CLAIMANT

VERSUS

GUARD FORCE LIMITED…………......... RESPONDENT

Rika J

Court Assistant: Benjamin Kombe

Nyange Sharia Advocate, instructed by  Kituo Cha Sheria  Advocates for the Claimant

Jengo Associates, Advocates for the Respondent

_______________________________________

JUDGMENT

1. The Claimant filed his Statement of Claim on 12th July 2016. He states he was employed by the Respondent Company as a Security Guard on 2nd July 2010. He was promoted to the position of the Supervisor.  He earned Kshs. 5,500 as monthly salary.  He worked up to 13th June 2013, when he claims, he was unfairly dismissed.  He prays for terminal benefits and compensation for unfair termination, among other things.

2. The Respondent filed its Statement of Response on 10th November 2016. It is conceded the Claimant was employed by the Respondent, on the date, and in the position stated in the Claim.  The Respondent terminated Claimant’s contract fairly.  Lastly, the Respondent states the Claim is time barred under Section 90 of the Employment Act 2007.

The Court Finds:-

3. The Claim was filed on 12th July 2016.  The Claimant was dismissed on 13th June 2013.  His Statement of Claim was filed over 3 years, from the date of dismissal.  The Claim offends the law on limitation of actions, under section 90 of the Employment Act 2007.  The Court does not have temporal jurisdiction to hear and determine this dispute.

IT IS ORDERED:-

a) The Claim is hereby dismissed for want of jurisdiction.

b) No order  on the costs.

Dated and delivered at Mombasa this 24th day of November 2017.

James Rika

Judge