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ELRCStruck OutNot stated· [2016] KEELRC 441 (KLR)

Joab Achieng v Afro Plastics (K) Ltd [2016] KEELRC 441 (KLR)

Employment and Labour Relations Court
21 April 2016
JRJames Rika
75 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court struck out a termination claim filed over four years late, confirming the three-year deadline under Section 90 of the Employment Act.

What this practically means

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Executive summary

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The Employment and Labour Relations Court at Nairobi, presided over by James Rika, Judge, delivered a short ex tempore ruling dismissing a claim on limitation grounds. The Claimant's contract of employment was terminated on 13th February 2009, but the Claim was not filed until 6th May 2013 - a delay of over four years. The court identified the sole issue as whether the claim was time-barred. Applying Section 90 of the Employment Act, which prescribes a limitation period for employment claims, the court found that the claimant had approached the court well outside the prescribed period and that the claim was therefore time-barred. No extension of time was granted and no other substantive issues were addressed. The court struck the claim off in its entirety and awarded costs to the Respondent. The judgment is significant primarily as a straightforward application of the statutory limitation period: the three-year window in Section 90 of the Employment Act runs from the date of termination, and a claim filed beyond it is liable to be struck off without consideration of merits. The judgment contains no citations to case law, and no separate opinion was issued; it is a single-judge first-instance determination.

Key legal issues

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01

Limitation under Section 90 of the Employment Act

Holding

The claim, filed on 6th May 2013 in respect of a termination effected on 13th February 2009, was filed outside the three-year limitation period and is time-barred.

Reasoning

The court compared the date of termination (13th February 2009) with the date of filing (6th May 2013) and found a delay of over four years. Section 90 of the Employment Act caps the period for instituting such claims at three years from termination. The delay was undisputed, and no basis for extending time or excusing the delay was advanced, warranting striking out.

p. 2

Legal principles established

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  • A claim for termination of employment must be filed within three years of termination under Section 90 of the Employment Act; a claim filed over four years after termination is time-barred and liable to be struck off

Court orders

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  1. 1.The claim is struck off
  2. 2.Costs to the Respondent

Authorities

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Legislation

  • Employment ActSection 90
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act (claim for termination of employment)

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, "Joab Achieng v Afro Plastics (K) Ltd [2016] KEELRC 441 (KLR)", Case Analysis (2016). Not stated. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/441/eng@2016-04-21

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