Lawrence Ouko Olilo & another v Japheth & 3 others [2015] KEELRC 962 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the limitation period for a wrongful termination claim can be extended on grounds of lack of funds and ignorance of the law
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.
The applicants' employment was terminated in 2005 under the repealed Employment Act (1977), with a 6-year limitation period.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.
Whether the applicants' 2013 High Court filing can support extension on the basis that they sued in time but in the wrong court
It cannot, because even the 2013 filing was already out of time.
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.
Legal principles established
#- 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
#- 1.The application for extension of limitation period is dismissed
- 2.No orders for costs
- Jurisdiction invoked
- Limitation of Actions Act, Section 22 (application to extend limitation period for a wrongful termination claim)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.