Patrick Okwiri Obima v Del Monte Kenya Limited [2015] KEELRC 830 (KLR) | Limitation Periods | Esheria

Patrick Okwiri Obima v Del Monte Kenya Limited [2015] KEELRC 830 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT NAIROBI

CAUSE NUMBER 2311 OF 2012

PATRICK OKWIRI OBIMA…………………………………….CLAIMANT

VERSUS

DEL MONTE KENYA LIMITED……………………………RESPONDENT

RULING

1.     The respondent in this matter raised in limine an objection that the claim herein is statute barred, the claimant on the other hand filed an Originating Summons dated 4th March, 2015 seeking leave of Court to file a suit out of time.

2.     As rightly submitted by Counsel for the respondent, the Originating Summons is an acknowledgment that the suit was filed out of time.

3.     Concerning whether it is possible to extend time to commence actions based on employment contracts, section 90 of the Employment Act is not only clear in so far as it states that “no civil action or proceedings based on arising from out of the Act or a contract of service in general shall lie or instituted unless it is commenced within three years next after the act complained of.   The Act further makes no provision for extension of time.  The case law on this issue is very consistent both by the Court of Appeal, while considering the possibility of extending time for actions based on contracts, as well as the decisions by my colleagues in this Court concerning actions founded on the Employment Act or contract of employment generally.  It would therefore make no useful purpose to review these decisions to come to the same conclusion.  I am however grateful to counsel for the respondent for his good research and analysis of these authorities.

4.     In conclusion this suit and the Orignating Summons dated 4th March, 2015 are hereby declared incompetent and are struck out with the consequence that the preliminary objection succeeds with costs.

5.     It is so ordered.

Dated at Nairobi this 19th day of June 2015

Abuodha J. N.

Judge

Delivered this 19th day of June 2015

In the presence of:-

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

and

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

Abuodha J. N.

Judge