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ELRCDismissedNot stated in the judgment· [2015] KEELRC 962 (KLR)

Lawrence Ouko Olilo & another v Japheth & 3 others [2015] KEELRC 962 (KLR)

Employment and Labour Relations Court
16 March 2015
335 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to extend the deadline for a wrongful termination claim, ruling that lack of money and ignorance of the law are not valid excuses.

What this practically means

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Executive summary

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The applicants, appearing in person and acting through an interpreter, sought an extension of the limitation period to file a claim for wrongful termination of employment said to have occurred in 2005. At that time the repealed Employment Act (1977) was in force, and the limitation period for such contract-based claims was six years. The court, per Maureen Onyango J, held that under the Limitation of Actions Act the only circumstances in which the limitation period may be extended are those provided under Section 22, which for contract claims permits extension only on grounds of disability, part payment or acknowledgement of debt. The applicants' pleaded lack of funds was held not to be a disability recognised under the Act, the law already providing pauper briefs for persons unable to pay court fees. The court further noted that although the applicants had filed a case in the High Court in 2013, even that filing was out of time, so the wrong-court rationale could not assist them. While sympathising with the applicants' apparent ignorance of the law and their difficulty in expressing themselves, the court held that ignorance is not a ground for extension of time, observing that they were in fact urging the merits of their claim in what was only an application for extension of time. The application for extension of the limitation period was accordingly dismissed with no orders for costs. The respondents were represented by M. M. Omondi for the 4th respondent.

Key legal issues

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01

Whether the limitation period for a wrongful termination claim can be extended on grounds of lack of funds and ignorance of the law

Holding

It cannot. Under Section 22 of the Limitation of Actions Act, contract claims may only be extended on grounds of disability, part payment or acknowledgement of debt; lack of funds is not a recognised disability, and pauper briefs exist for those unable to pay court fees.

Reasoning

The applicants' employment was terminated in 2005 under the repealed Employment Act (1977), with a 6-year limitation period. Section 22 of the Limitation of Actions Act limits extensions for contract claims to disability, part payment or acknowledgement of debt. Lack of funds is not a disability; the law provides pauper briefs for those unable to pay. Ignorance of the law, though sympathetically considered given the applicants' circumstances, is not a recognised ground for extension.

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02

Whether the applicants' 2013 High Court filing can support extension on the basis that they sued in time but in the wrong court

Holding

It cannot, because even the 2013 filing was already out of time.

Reasoning

The wrong-court rationale presupposes that the claimant went to court within the limitation period but before the wrong forum. Here the claim was filed in the High Court in 2013, eight years after termination in 2005, and long after the 6-year limitation period had expired. The High Court suit therefore cannot be used to extend time on the basis that the claimants acted in time but in the wrong court.

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Legal principles established

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  • Lack of funds is not a disability recognized under the Limitation of Actions Act for purposes of extending the limitation period
  • Ignorance of the law is not a ground for extension of the limitation period

Court orders

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  1. 1.The application for extension of limitation period is dismissed
  2. 2.No orders for costs

Authorities

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Legislation

  • Employment Act (1977) (repealed)Not specified
  • Limitation of Actions ActSection 22
Jurisdiction invoked
Limitation of Actions Act, Section 22 (application to extend limitation period for a wrongful termination claim)

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, "Lawrence Ouko Olilo & another v Japheth & 3 others [2015] KEELRC 962 (KLR)", Case Analysis (2015). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/962/eng@2015-03-16

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