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ELRCStruck OutNot stated in judgment· [2016] KEELRC 439 (KLR)
Stephen Amollo v Afro Plastics (K) Ltd [2016] KEELRC 439 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Employment Court struck out a claim filed over three years after termination, confirming the strict three-year deadline for filing employment cases.
What this practically means
#Executive summary
#This was an employment claim filed on 6th May 2013 before the Industrial Court at Nairobi. The claimant alleged that his contract of employment was terminated on 9th February 2009. The respondent resisted the claim on the ground that it was filed out of time. The court, per James Rika, Judge, agreed with the respondent that the claim was governed by section 90 of the Employment Act, which prescribes a limitation period for employment claims. Since the claim was filed over four years after the date of termination, it exceeded the statutory limitation window and was therefore time-barred. No substantive hearing of the claim's merits took place; the limitation objection disposed of the matter entirely. The court struck the claim off and awarded costs to the respondent. The judgment was delivered at Nairobi on 21st April 2016. No authorities were cited and no separate opinions were expressed; the single judge authored the whole judgment.
Key legal issues
#01
Limitation under section 90 of the Employment Act
Holding
The claim filed over four years after termination was time-barred and was struck out
Reasoning
The claimant's employment was terminated on 9th February 2009, but the memorandum of claim was not filed until 6th May 2013, over four years later. Section 90 of the Employment Act imposes a three-year limitation period for claims arising from employment contracts. The respondent's objection on limitation was upheld and the entire claim was struck off with costs.
p. 2
Legal principles established
#- Claims under section 90 of the Employment Act must be instituted within three years of the cause of action arising; a claim filed beyond that period is time-barred
Court orders
#- 1.The claim is hereby struck off
- 2.Costs to the Respondent
- Jurisdiction invoked
- Employment and labour relations jurisdiction (Employment Act, s. 90 applied)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Stephen Amollo v Afro Plastics (K) Ltd [2016] KEELRC 439 (KLR)", Case Analysis (2016). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/439/eng@2016-04-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.