David Nderitu Mwangi v Tusker Mattresses Limited [2017] KEELRC 1650 (KLR)
The bottom line
#A Kenyan court ruled it has no power to extend the three-year deadline for filing employment claims, even when a criminal case caused the delay.
What this practically means
#Executive summary
#Key legal issues
#Whether the pendency of Criminal Case No. 1646 of 2008 justified extension of time under Section 90 of the Employment Act
No - the delay occasioned by the criminal case does not assist the Claimant, as the pendency of a criminal trial against an employee has no bearing on other processes relating to the employment contract.
The Claimant anchored his explanation for the three-year delay on the seven-year pendency of Republic v David Nderitu Mwangi, in which he was acquitted on 30th June 2015. The Court, citing its prior decision in Timothy Asudi Malwa v E-Gap Solutions Limited, held that the criminal proceedings were irrelevant to the employment-related claim and therefore could not ground an extension of time.
Whether the Court has jurisdiction to extend time for filing claims under Section 90 of the Employment Act, 2007
No - the Court has no such jurisdiction, following prior decisions of the Court.
Relying on Maria Machocho v Total Kenya Limited, George Hiram Ndirangu v Equity Bank and Justus Ochido Ope v Kenyatta University, the Court held that Section 90's limitation period cannot be extended by the Court. Since the Court lacks jurisdiction to extend time, the merits of the explanation for delay became immaterial and the application fell to be dismissed.
Legal principles established
#- The Court has no jurisdiction to extend time for filing of claims falling under Section 90 of the Employment Act, 2007.
- The pendency of a criminal trial against an employee has no bearing on other processes relating to the employment contract.
Court orders
#- 1.The Claimant's application dated 26th October 2016 seeking leave to file his claim out of time is declined
- 2.No order for costs
- Jurisdiction invoked
- Section 90 of the Employment Act, 2007 (court's lack of jurisdiction to extend time for filing claims thereunder)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "David Nderitu Mwangi v Tusker Mattresses Limited [2017] KEELRC 1650 (KLR)", Case Analysis (2017). Misc Application No 121 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2017/1650/eng@2017-03-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.