Samuel Langat v Kijabe Limited [2015] KEELRC 732 (KLR)
The bottom line
#A Kenyan court threw out a dismissal claim filed 17 years late, confirming employment claims must be filed within six years.
What this practically means
#Executive summary
#Key legal issues
#Accrual of cause of action in wrongful dismissal
The cause of action accrued in 1997 when the claimant was summarily dismissed
The court held that an actionable wrong occurred upon the summary dismissal in 1997, and that is when time began to run under the Limitation of Actions Act. The exact month and date were not pleaded, but the year fixed accrual. Suit filed on 30 June 2014 was therefore some 13 or so years late, well beyond the six-year period.
Effect of limitation on jurisdiction
A statute-barred claim cannot survive; limitation goes to jurisdiction
Relying on authority cited by the respondent, the court treated limitation as a substantial and jurisdictional matter rather than a mere technicality. Since no statutory provision for extension of time or leave to commence the action was invoked, the Memorandum of Claim could not stand and was struck out.
Trust argument as a answer to limitation
Rejected; the pleaded trust in employment monies did not exempt the claim from limitation
Counsel for the claimant argued the respondent held the claimant's employment monies in trust, defeating the limitation plea. The court did not accept this and upheld the preliminary objection, implicitly rejecting the trust characterisation as a basis to escape the statutory bar.
Legal principles established
#- Employment claims are contractual in nature and subject to the six-year limitation period under section 4(1) of the Limitation of Actions Act
- Limitation is a jurisdictional issue, not merely technical; a statute-barred claim cannot survive absent statutory extension or leave
Court orders
#- 1.Preliminary objection upheld
- 2.Memorandum of Claim struck out
- 3.Each party to bear own costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction; Limitation of Actions Act, section 4(1)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samuel Langat v Kijabe Limited [2015] KEELRC 732 (KLR)", Case Analysis (2015). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/732/eng@2015-07-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.