Kudheiha Workers v BOG Lenana School [2019] KEELRC 1343 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OFKENYA

AT NAIROBI

CAUSE 645 OF 2014

KUDHEIHA WORKERS..................................................CLAIMANT

VERSUS

BOG LENANA SCHOOL................................................RESPONDENT

RULING

1. By a Notice of Preliminary Objection filed on 21st June, 2017 the respondent contended that the claimants suit was statute barred by virtue of section 90 of the Employment Act.

2. When the matter came for hearing on 22nd June, 2017 the Court directed that the claimant files documents and affidavit in support of the allegation that the delay in filing the suit was occasioned by the time the matter took while undergoing conciliation.  Mr Ombima for the claimant never filed such affidavit or documentation.

3. From the claimant’s documents, the conciliator’s report which it agreed with was issued on 24th February, 2009 and received by the Union on 15th June, 2009. .  This claim was filed on 9th October, 2012. The claim ought to have been filed on or before June 2012.  It is therefore statute barred within the meaning of section 90 of the Employment Act.

4. The same is therefore struck with no order as to costs.

5. It is ordered.

Dated at Nairobi this 14th day of June, 2019

Abuodha J. N.

Judge

Delivered this 14th day of June, 2019

Abuodha J. N.

Judge

In the presence of:-

...........................................for the Claimant and

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