Joseph Abuto Ongwae v Pharmacy & Poisons Board [2017] KEELRC 1578 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF

KENYA AT NAIROBI

CAUSE NUMBER 966 OF 2013

JOSEPH ABUTO ONGWAE …………………………..………..CLAIMANT

VERSUS

PHARMACY & POISONS BOARD………......….…...…......RESPONDENT

RULING

1. By a Motion dated 17th June, 2013 the claimant sought leave of the court to file a suit out of time.

2. The application was brought on the grounds among others that the applicant’s sister died and he took responsibility over her children and that the application was brought later because the applicant fell sick immediately his services were terminated.

3. This court has ruled in several applications of this nature that it does not have jurisdiction to extend time once the same has lapsed.

4. Neither section 90 of the Employment Act or Section 4 of the Limitation of Actions Act permit extension of time to bring actions based on contract once the time for doing so has elapsed.

5. The application is therefore found without merit and is hereby dismissed with costs.

6. It is so ordered.

Dated at Nairobi this 24th day of March 2017

Abuodha J. N.

Judge

Delivered this 24th day of March 2017

In the presence of:-

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

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

Abuodha J. N.

Judge