Geoffrey Costa Salim v Equity Bank Limited [2016] KEELRC 656 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT NAIROBI

CAUSE NUMBER 550 OF 2015

GEOFFREY COSTA SALIM......................................CLAIMANT

VERSUS

EQUITY BANK LIMITED....................................RESPONDENT

RULING

1.  The claimant pleads that he was employed by the respondent on 29th December, 2008 and worked until 14th June, 2010 when his services were terminated by the respondent.  This claim was filed by the claimant on 8th April, 2015.

2. The respondent has taken objection to that stating that the same has been filed out of time as delimited under section 90 of the Employment.  Computation of time within which to file claims based on contract is mathematical in most cases.

3. The Act does not provide for the extension of this period once it has elapsed.  The claimants own pleadings states that he was terminated on 14th June, 2010.  He brought this suit on 8th April, 2015.  This was some four years and three months after termination.  This clearly offends the provisions of section 90 of the Employment Act which requires claims concerning contracts of employment to be filed within 3 years after accrual of cause of action.  Limitation of action is a matter that goes to the jurisdiction of the Court.  Once the Court finds that a case is statute barred it lacks jurisdiction and the matter ends there.

4.  In the circumstances the objection succeeds with the consequence that the suit is hereby struck out with costs.

5.  It is so ordered.

Dated at Nairobi this 9th day of September 2016

Abuodha Jorum Nelson

Judge

Delivered this 9th day of September 2016

In the presence of:-

…………………………………………………………for the Claimant and

………………………………………………………………for the Respondent.

Abuodha Jorum Nelson

Judge