Francis Muraula v Firestone Co-Operative Savings And Credit Society Limited [2013] KEELRC 14 (KLR)
The bottom line
#A worker dismissed in 2005 was refused permission to file his unfair dismissal claim late, because older Kenyan labour laws gave him other ways to seek justice.
What this practically means
#Executive summary
#Key legal issues
#Extension of time to file a Claim out of time under Section 90 of the Employment Act 2007
The application for extension of time was refused as there was no sufficient ground to warrant the prayer
The Court held that the Applicant was not completely shut out from justice: his 2005 dismissal is governed by the old regime under the Trade Disputes Act Cap 234 as read with Section 84 of the Labour Relations Act, under which time limits are not strictly applied and the Minister/Secretary for Labour has wide discretion to accept late claims. The Court thus found no sufficient ground to grant the ex parte extension of time.
Which procedural and substantive law applies to a dismissal occurring before the Employment Act 2007
Procedural law is the Trade Disputes Act Cap 234 read with Section 84 of the Labour Relations Act No. 14 of 2007; substantive law is the repealed Employment Act Cap 226 and/or the Regulation of Wages and Conditions of Employment Act Cap 229
Because the termination occurred in 2005, before the Employment Act 2007 came into force, the Court identified the transitional procedural framework as the Trade Disputes Act Cap 234 read with Section 84 of the Labour Relations Act. The substantive law governing the dismissal would be the repealed Employment Act Cap 226 and/or the Regulation of Wages and Conditions of Employment Act Cap 229.
Legal principles established
#- Where a dismissal predates the Employment Act 2007, the applicable procedural law is the Trade Disputes Act Cap 234 read with Section 84 of the Labour Relations Act No. 14 of 2007
- Under the pre-2007 regime, time limits for termination claims were not strictly applied, wide discretion being given to the Minister/Secretary for Labour in accepting late claims
Court orders
#- 1.The application dated 30th June 2013 is dismissed.
- 2.No order on the costs.
- Jurisdiction invoked
- Ex parte application under Section 90 of the Employment Act 2007 seeking extension of time to file a Claim; transitional law Trade Disputes Act Cap 234 read with Section 84 of the Labour Relations Act No. 14 of 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Francis Muraula v Firestone Co-Operative Savings And Credit Society Limited [2013] KEELRC 14 (KLR)", Case Analysis (2013). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/14/eng@2013-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.