Magethe Joseph Kiarie v Eco Bank Kenya Limited [2015] KEELRC 452 (KLR)
The bottom line
#Kenya's Employment Court confirmed it can extend filing deadlines in exceptional cases, but dismissed a sick former cashier's late claim because he couldn't explain the whole delay.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court has discretion to extend time despite section 90 of the Employment Act
Yes - section 12(3)(viii) grants inherent and residual discretion to grant any other appropriate relief, and the Court respectfully departed from Peter Nyamai & 7 Others v M J Clarke Limited to that extent
The Court held that section 12(3)(viii) ELRCA gives an all-important rider allowing any other appropriate relief, a mandate both constitutional (Article 162) and statutory. Parliament could have restricted that mandate but did not. Though section 90 Employment Act is mandatory, the Court's powers under section 12 ELRCA remain, so the discretion exists where good reason justifies it, though to be used sparingly in exceptional cases.
Whether the Applicant's illness justified the delay
No - the medical evidence covered only up to 2011 and did not account for the period from discharge to March 2013 when limitation expired
The Applicant was terminated on 24 March 2010 and should have filed by 25 March 2013. He was hospitalised until September 2011 but produced no evidence of the admission, and the medical reports annexed related to a 2011 assessment. He gave no account of his time from September 2011 to March 2013, so the delay was not explained and the discretion was not attracted.
Legal principles established
#- The Court's power under section 12(3)(viii) of the Employment and Labour Relations Act is not fettered by the mandatory terms of section 90 of the Employment Act; where there is good reason that finds justification, the Court may invoke that discretion, but it should be applied sparingly and only in exceptional cases
Court orders
#- 1.Application by the Applicant dismissed
- 2.Each party shall bear their own costs
- Jurisdiction invoked
- Article 162(2) and 162(3) of the Constitution; section 12 of the Industrial Court Act (Employment and Labour Relations Act)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Shetty v Lean Energy Solutions Ltd (Miscellaneous Application E293 of 2023) [2024] KEELRC 423 (KLR)[2024] KEELRC 423 (KLR)29 Feb 2024
- Denis Ksang Ripko v Kenya Commercial Bank Limited [2016] KEELRC 1434 (KLR)[2016] KEELRC 1434 (KLR)3 Mar 2016
Cite this brief
#Cite this brief
Caselaw, "Magethe Joseph Kiarie v Eco Bank Kenya Limited [2015] KEELRC 452 (KLR)", Case Analysis (2015). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/452/eng@2015-08-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.