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ELRCAllowedApplication dated 6th September, 2013· [2014] KEELRC 636 (KLR)

Agnes Ngendo Wanyoike v Kenya Pipeline Company [2014] KEELRC 636 (KLR)

Industrial Court of Kenya
26 February 2014
DMD.K. Njagi Marete
457 words in judgment
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The bottom line

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Kenya's employment court allowed a worker to file her unfair dismissal claim late because documented illness explained the delay.

What this practically means

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Executive summary

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The claimant, Agnes Ngendo Wanyoike, moved the court by an application dated 6th September 2013 seeking leave to file a claim out of time against the respondent, who had employed her in the procurement department from 16th February 2004 until her alleged unfair dismissal on 2nd December 2004. The application arose after the court, in a ruling dated 4th June 2013, allowed the respondent's application dated 23rd April 2013 to disallow the suit as statute barred, with a rider that the claimant could pursue the matter in accordance with the law. In support, the claimant filed her affidavit and further affidavit sworn on 6th September 2013 and 2nd December 2013, explaining that since the dismissal she suffered depression and was sick and bedridden for a long time, and that ill health and lack of income prevented her from seeking legal redress within the stipulated time or affording legal fees. The court, upon studying the application, affidavits and annexures, found the delay inadvertent and noted a medical report displaying the claimant's poor state of mental health and consequent disability to pursue the claim on time. It held that the grounds displayed prudent reasons for delay warranting withdrawal of the dismissal orders and reinstatement of the suit, without prejudice to the respondent, who would retain ample time to defend the claim. The application was allowed with no order as to costs. Judgment was delivered on 26th February 2014 by D.K. Njagi Marete, Judge.

Key legal issues

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01

Whether extension of time to file a claim out of time should be granted

Holding

The application was allowed; the delay was inadvertent and attributable to ill health, and reinstatement would not prejudice the respondent.

Reasoning

The court considered the supporting affidavits and annexures, including a medical report evidencing the claimant's poor state of mental health rendering her unable to pursue the claim on time. It found the grounds displayed prudent reasons for the delay, sufficient to justify withdrawal of the dismissal orders and reinstatement of the suit, with no prejudice to the respondent who would still have time to defend the claim. Costs were not awarded.

p. 2

Legal principles established

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  • A prudent explanation for delay, such as incapacity due to ill health evidenced by a medical report, warrants withdrawal of orders dismissing a suit as statute barred and its reinstatement where no prejudice is caused to the other party.

Court orders

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  1. 1.Leave granted to the applicant to file a claim out of time against the respondent
  2. 2.No order as to costs
Jurisdiction invoked
Discretion of the court to grant leave to file a claim out of time, exercised in the interest of justice

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Agnes Ngendo Wanyoike v Kenya Pipeline Company [2014] KEELRC 636 (KLR)", Case Analysis (2014). Application dated 6th September, 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/636/eng@2014-02-26

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.