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ELRCPartially AllowedCivil Appeal No. 199 of 2012 (from R.M.C.C. No. 1290 of 2005)· [2015] KEELRC 17 (KLR)

Mohammed Omar Doyo v Kenya Safari Lodges & Hotels Limited & another [2015] KEELRC 17 (KLR)

Employment and Labour Relations Court
4 December 2015
652 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan court revived a worker's wrongful arrest claim against a private hotel, ruling the Government's one-year limitation period doesn't shield private employers.

What this practically means

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Executive summary

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The Appellant sued his former employer, Mombasa Beach Hotels (1st Respondent), and the Attorney General (2nd Respondent), alleging he was wrongfully arrested at work on 27th February 2004 on allegations that he had stolen a mobile phone, leading to loss of employment; he sought general damages for wrongful arrest. The Attorney General raised a preliminary objection that, under Section 3 of the Public Authorities Limitation Act, Cap 39, claims in tort against the Government must be filed within 12 months of accrual; the Appellant had filed out of time. The Learned Magistrate struck out the claim, prompting this appeal, filed in person and heard on the record by agreement. Judge James Rika held that while the limitation defence was properly upheld against the Attorney General, it was improperly extended to the 1st Respondent, which was a private limited liability company with no linkage to Government or a Local Authority, and to which the Act does not apply. The absence of reasons in the Ruling for rejecting the claim against the 1st Respondent supported the Appellant's ground that he was denied a fair hearing, so the appeal succeeded on that ground. Because the Magistrate's Court no longer has jurisdiction over employment disputes, the matter could not be remitted there. The appeal against the 1st Respondent was allowed; the ruling against the 2nd Respondent was sustained; and R.M.C.C. No. 1290 of 2005 was transferred to the ELRC Mombasa for trial, with each party bearing its own costs.

Key legal issues

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01

Applicability of the Public Authorities Limitation Act to private employers

Holding

The Act applies only to the Government and Local Authorities; the Magistrate erred in applying it to the 1st Respondent, a private limited liability company

Reasoning

The pleadings described the 1st Respondent as a limited liability company trading as Mombasa Beach Hotels, with no linkage to Government or a Local Authority. The preliminary objection was raised only by the Attorney General and limited to the Public Authorities Limitation Act, so extending it to shield the private employer was improper and unsupported by reasons in the Ruling.

p. 2
02

Fair hearing

Holding

Striking out the claim against the 1st Respondent on a statute inapplicable to it without reasons supported the Appellant's ground that he was denied a fair hearing

Reasoning

The preliminary objection was raised by the 2nd Respondent only, and the Magistrate gave no reasons for rejecting the claim against the 1st Respondent on the basis of a statute that did not apply to private entities. This supported the Appellant's ground of appeal that he was not given a fair hearing, and the appeal succeeded on that ground.

p. 2
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Where the dispute should be determined

Holding

As the Magistrate's Court lacks jurisdiction over employment disputes, the Claim was transferred to the Employment and Labour Relations Court for trial rather than remitted for retrial

Reasoning

The High Court had transferred the appeal to the ELRC upon finding the dispute involved an employment issue. Since the Magistrate's Court no longer has jurisdiction to hear and determine employment disputes, remitting the matter for retrial before the Magistrate's Court was not possible; instead the underlying suit was transferred to the ELRC Mombasa.

p. 3

Legal principles established

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  • The Public Authorities Limitation Act applies only to proceedings against the Government and Local Authorities, not private entities
  • The Magistrate's Court no longer has jurisdiction to hear and determine employment disputes

Court orders

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  1. 1.Appeal against the 1st Respondent is allowed
  2. 2.The Ruling of the Magistrate's Court with regard to the Claim against the 2nd Respondent is sustained
  3. 3.R.M.C.C. No. 1290 of 2005 is transferred to the Employment & Labour Relations Court Mombasa for trial and determination
  4. 4.Parties encouraged to agree on disposal of the transferred Claim through written submissions given the age of the dispute
  5. 5.Parties to meet their own costs of the Lower Court Suit and the Appeal

Authorities

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Legislation

  • Public Authorities Limitation ActSection 3
On appeal from
Resident Magistrate's Court Mombasa
R.M.C.C. No. 1290 of 2005
Jurisdiction invoked
Appeal transferred from the High Court to the Employment and Labour Relations Court as an employment dispute; appellate jurisdiction over the Magistrate's Court decision

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, "Mohammed Omar Doyo v Kenya Safari Lodges & Hotels Limited & another [2015] KEELRC 17 (KLR)", Case Analysis (2015). Civil Appeal No. 199 of 2012 (from R.M.C.C. No. 1290 of 2005). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/17/eng@2015-12-04

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