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ELRCStruck OutNot stated in the judgment· [2019] KEELRC 1136 (KLR)
James Mboya Onywera v Ministry of Environment & Natural Resources & another [2019] KEELRC 1136 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The Claimant, James Mboya Onywera, sued the Attorney General on behalf of the Ministry of Environment & Natural Resources and the Ministry of Water & Irrigation on 15 March 2012, alleging unlawful termination of his employment (early retirement) effective 30 September 2000. He sought special damages in the form of terminal dues and general damages. The suit was transferred from the High Court to the Employment and Labour Relations Court on 21 March 2016. The Respondents filed a Notice of Preliminary Objection on 9 May 2019 contending that the Cause was statute barred. The Claimant testified and was cross-examined; the Respondents called no witnesses. The court considered limitation as a jurisdictional issue at first instance, noting it can be raised any time before judgment. Holding that the cause of action was founded on contract, the court applied section 4(1)(a) of the Limitation of Actions Act, which prescribes a six-year limitation period for contractual actions, and followed the Court of Appeal decision in Divecon v Samani, which held that no action founded on contract may be brought beyond six years and that Part III extension provisions do not apply to contract claims. The suit, filed more than eleven years after accrual of the cause of action, was struck out. The court, in good faith, directed the Respondents to facilitate the Claimant through his advocate to obtain payment of any terminal dues under the early retirement scheme, and made no order as to costs.
Key legal issues
#01
Whether the Claimant's action, filed more than 11 years after the termination of employment on 30 September 2000, is time barred
Holding
The Cause is statute barred and was struck out, as section 4(1)(a) of the Limitation of Actions Act prescribes a six-year limitation period for contractual actions and the claim was founded on contract
Reasoning
The cause of action arose on 30 September 2000 when employment was terminated, yet the suit was filed on 15 March 2012, over eleven years later. The relationship was contractual, so the six-year period in section 4(1)(a) applied. Following Divecon v Samani, the court held it lacked power to entertain the action, and that Part III extension provisions do not apply to contract claims.
p. 2
Legal principles established
#- An action founded on contract must be brought within six years from the date the cause of action accrued under section 4(1)(a) of the Limitation of Actions Act, and a claim filed outside that period cannot be entertained by any court
- Limitation goes to jurisdiction and may be raised at any time before judgment
- The extension-of-time provisions in Part III of the Limitation of Actions Act do not apply to actions based on contract
Court orders
#- 1.The Cause was struck out as statute barred
- 2.The Respondents to facilitate the Claimant, through his advocate, to obtain payment of any terminal dues payable under the early retirement scheme
- 3.No order as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court Act (Cause transferred from the High Court to this Court by order of 21 March 2016)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "James Mboya Onywera v Ministry of Environment & Natural Resources & another [2019] KEELRC 1136 (KLR)", Case Analysis (2019). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1136/eng@2019-07-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.