Emmanuel J. Odero v Spin Knit Limited [2014] KEELRC 57 (KLR) | Limitation Periods | Esheria

Emmanuel J. Odero v Spin Knit Limited [2014] KEELRC 57 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE INDUSTRIAL COURT OF KENYA

AT NAIROBI

CAUSE NO. 1224 OF 2010

EMMANUEL J. ODERO......................................................CLAIMANT

VERSUS

SPIN KNIT LIMITED....................................................RESPONDENT

Mr. Wesonga for Respondent / Objector

M/S Lumumba for Claimant / Respondent

RULING

1.  The Respondent filed a Notice of Preliminary Objection to this suit dated 25th February, 2014.

2.  The Objection is on the ground that the Claim was filed out of time contrary to the mandatory provisions of Section 90of theEmployment Act, 2007. The Objection is opposed via a Replying Affidavit of Akoth Lumumbah, the Advocate for the Claimant.

3.  The suit was initially filed at the Chief Magistrate’s Court as Case  No. 10229 of 2007.  At the time the Employment Act was not operational.  On 14th June, 2010, the Claimant withdrew the Suit from the Chief Magistrate’s Court and the same was filed at the Industrial Court on 8th October, 2010.

4.   From the particulars of Claim, the cause of action arose sometime in December 2006, when the Respondent failed to pay the Claimant’s salary for the month of December, 2006.

5.  The Claimant alleges that he was constructively dismissed from employment due to the omission by the Respondent.  He claims December salary in the sum of Kshs.34,634. 26, Gratuity for seven (7) years service, payment in lieu of 64 days leave, two months salary, in lieu of notice and compensation for the unlawful dismissal.

6.  It is trite law that prior to the enactment and coming into effect of the Employment Act, 2007, limitation of employment    disputes was governed by the Limitation of Actions Act Cap 22of theLaws of Kenya.

7. Section 14 thereof provided for limitation period of six (6) years with respect to matters founded on contract.  This being the case,     this suit was filed well within the limitation period of six (6) years.

8.  The objection is misconceived and same is dismissed with costs to the Claimant.  The matter to take its normal course.

Dated and Delivered at Nairobi this 10th day of December 2014

MATHEWS N. NDUMA

PRINCIPAL JUDGE