John Kimutai Yego v Pyrethrum Board Of Kenya [2015] KEELRC 1254 (KLR)
The bottom line
#A Kenyan court struck out an unfair dismissal claim filed over two years late, confirming the strict three-year deadline under section 90 of the Employment Act cannot be waived.
What this practically means
#Executive summary
#Key legal issues
#Whether the claim was time barred under section 90 of the Employment Act, 2007
The claimant was dismissed on 19 May 2009; the three-year limitation period lapsed on 18 May 2012, so the claim filed on 10 June 2014 was statute barred and was struck out.
The court found it indisputable from the record that the claimant was dismissed by letter dated 19 May 2009, at which time the Employment Act, 2007 was in operation. Section 90 required claims to be lodged within three years. The three years expired on 18 May 2012 and the Statement of Claim was filed on 10 June 2014, well outside the period, leaving the court no option but to strike out the claim.
Whether the Constitution (Article 159(2)(d)) could override the limitation statute
No. Limitation is not merely procedural but a jurisdictional question conferring a substantive accrued right/defence; the constitutional override of technicalities did not assist the claimant.
The claimant sought solace in Article 159(2)(d) of the Constitution, arguing the statute should not aid a mischievous party. The court held that limitation is not just a procedural question, referring to its own prior holding that time limits on filing claims are jurisdictional. A limitation clause grants a respondent an accrued substantive benefit, right and defence, so the constitutional provision could not rescue the out-of-time claim.
Legal principles established
#- A statutory limitation period is a jurisdictional question and not merely procedural; a limitation clause confers a substantive defence on the respondent.
Court orders
#- 1.The Statement of Claim struck out for being filed outside the limitation period prescribed by section 90 of the Employment Act, 2007
- 2.No order as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (section 90 limitation provision applied)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "John Kimutai Yego v Pyrethrum Board Of Kenya [2015] KEELRC 1254 (KLR)", Case Analysis (2015). Not stated in judgment (Employment Cause). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1254/eng@2015-04-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.