Samson Odega Opondo v Bidco Oil Refineries Limited [2018] KEELRC 1013 (KLR)
The bottom line
#Kenya's Employment Court struck out a dismissal claim filed over five years late, confirming it cannot extend the three-year filing deadline under section 90.
What this practically means
#Executive summary
#Key legal issues
#Limitation under section 90 of the Employment Act
A claim filed more than three years after the cause of action (termination in about 2010; claim filed 18th July, 2016) is statute-barred and must be struck out
The claimant pleaded termination 'on or about 2010' and filed the claim on 18th July, 2016, over five years later. Section 90 of the Employment Act bars such claims. The claimant did not deny filing out of time; his only argument was that a prior judge had extended time, which the court rejected as a matter of jurisdiction.
Effect of the earlier ruling of Justice Nzioki wa Makau
The observation that aggrieved employees were free to move the court did not amount to an extension of time, since the earlier judge had no jurisdiction to extend time under section 90
The claimant relied on the ruling of 25th November, 2014 in Cause No. 1137 of 2017, in which the Judge observed that aggrieved employees could move the court on their own behalf or through an agent. The court held that such filing remained subject to the law of limitation, and any purported extension would have been made per incuriam.
Legal principles established
#- The Employment and Labour Relations Court lacks jurisdiction to extend time to file suit once the limitation period under section 90 of the Employment Act has lapsed
- Jurisdiction is foundational; a court without it cannot adjudicate the matter before it
- A judge without jurisdiction to extend time cannot be construed to have done so, and any such order would be per incuriam
Court orders
#- 1.The suit was struck out on the ground that it was filed out of time
- Jurisdiction invoked
- Employment Act, section 90 (limitation of actions in employment claims); inherent jurisdiction to strike out suits filed out of time
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samson Odega Opondo v Bidco Oil Refineries Limited [2018] KEELRC 1013 (KLR)", Case Analysis (2018). Cause No. 1137 of 2017 (as referenced in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1013/eng@2018-10-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.