Joseph Kiria Kinyua v Attorney General [2019] KEELRC 1415 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF

KENYA AT NAIROBI

CAUSE NUMBER 1620 OF 2017

JOSEPH KIRIA KINYUA......................................................................CLAIMANT

VERSUS

HON. ATTORNEY GENERAL.........................................................RESPONDENT

RULING

1. The respondent raised as preliminary the objection that the claim is statue barred hence offends section 90 of the Employment Act.  According to the respondent, the claimant was dismissed from service on 13th February, 2014 and the claim filed on 18th August 2017 hence statute barred.

2.  If as pleaded; the claimant was terminated on 13th February, 2014 this claim ought to have been filed on or before 14th February, 2017.  The claimant however filed the claim on 18th August, 2017 some six months after the expiry of limitation period.

3. Section 90 of the Employment Act is couched n mandatory terms and does not allow for extension of time once lapsed.

4. The objection is therefore merited and the suit is hereby struck out with no order as to costs.

5.  It is so ordered.

Dated at Nairobi this 31st day of May, 2019

Abuodha J. N.

Judge

Delivered this 31st day of May, 2019

Maureen Onyango

Principal Judge

In the presence of:-

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

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