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ELRCStruck OutNot stated in judgment· [2019] KEELRC 121 (KLR)

Edward Adundo Apoto v Heltz Driving School [2019] KEELRC 121 (KLR)

Employment and Labour Relations Court
17 December 2019
HWHellen Wasilwa
541 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 dismissed a claim filed over three years after the dispute, confirming missed statutory deadlines strip the court of power to hear your case.

What this practically means

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Executive summary

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The Respondent filed a Notice of Preliminary Objection dated 27 September 2019 contending that the Claimant's claim offended section 90 of the Employment Act on limitation, was barred by statute, and that the Court lacked jurisdiction. The objection was disposed of by written submissions. The Respondent argued the claim, filed after about five years from the cause of action, was time barred and the Claimant lacked locus standi, relying on three 2018 eKLR authorities. The Claimant countered that the preliminary objection itself should have been raised at the earliest opportunity, relying on the Motor Vessel 'Lillian S' line of authority, and sought its striking out with costs. Justice Hellen Wasilwa found the cause of action arose on 9 November 2009 when the Claimant was chased away and threatened with arrest, so under section 90 the claim should have been filed by 8 November 2012. The claim, filed on 5 February 2014 (though elsewhere stated as 10 April 2014), was therefore time barred and the Court lacked jurisdiction. The Court upheld the objection, dismissed the claim in its entirety, and made no order as to costs. The judgment was delivered in open court on 17 December 2019.

Key legal issues

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01

Limitation of actions under section 90 of the Employment Act

Holding

The claim filed on 5/2/2014 over a cause of action arising on 9/11/2009 was filed outside the three-year limitation period and is time barred

Reasoning

The Court identified the date the cause of action arose (9/11/2009, when the Claimant was chased away and threatened with arrest), computed the three-year limitation period to 8/11/2012, and found the memorandum of claim filed on 5/2/2014 fell outside that period, leaving the Court without jurisdiction.

p. 2
02

Jurisdiction over time-barred claims

Holding

A time-barred claim cannot be entertained; the Court lacks jurisdiction over it

Reasoning

Because the claim offended section 90 of the Employment Act, the Court held it had no jurisdiction to hear it and accordingly dismissed the claim in its entirety on the preliminary objection.

p. 2

Legal principles established

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  • A cause of action in employment accrues when the wrongful act occurs, and a claim filed outside the three-year limitation period under section 90 of the Employment Act deprives the Court of jurisdiction

Court orders

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  1. 1.The claim is dismissed in its entirety
  2. 2.No order as to costs

Authorities

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Legislation

  • Employment Actsection 90

Cases cited (5)

  • Mathew Kamanu Mwaura vs. Permanent Secretary Office of the President Provincial Administration and 2 Others
    [2018] eKLR
  • G4S Security Services (K) Limited vs. Joseph Kamau & 468 Others
    [2018] eKLR
  • Ephraim Gachigua Mwangi vs. Teachers Service Commission & Board of Management Thogoto Teachers College
    [2018] eKLR
  • The Owners of the Motor Vessel "Lillian S" vs. Caltex Oil (Kenya) Limited
  • Republic vs. Chief Registrar of the Judiciary & 2 Others ex parte Riley Services Limited
    [2015] eKLR
Jurisdiction invoked
Employment Act, section 90 (limitation of actions)

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, "Edward Adundo Apoto v Heltz Driving School [2019] KEELRC 121 (KLR)", Case Analysis (2019). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/121/eng@2019-12-17

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