AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissed· [2019] KEELRC 2535 (KLR)
Grace Wambui Wahome & another v B.O.M Dr. Kamundia Secondary School [2019] KEELRC 2535 (KLR)
AI-assisted case brief
·~2 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The Respondent raised a preliminary objection against a claim brought by the 2 Claimants, contending that the court lacked jurisdiction because the suit was filed outside the limitation period prescribed by Section 90 of the Employment Act. The Respondent relied on Mukisa Biscuits Manufacturing Co. Ltd. v West End Distributors on the nature of preliminary objections, and on Attorney General v Andrew Maina Githinji and G4S Security Services v Joseph Kamau for the proposition that suits filed outside the limitation period cannot be upheld. The Respondent further relied on Rift Valley Railways v Hawkins Wagunza Musonye to argue that time does not stop running during conciliation or other alternative dispute resolution mechanisms. The Claimants admitted the suit was filed out of time but attributed the delay to the Respondent's dilatoriness in negotiations and conciliation, including an ADR meeting with a State Counsel facilitated by the Respondent's Principal, and urged that the Respondent should not benefit from its own conduct. The court held that the law prescribes a time limit for the relief sought, that the Claimants readily admitted the suit was time barred, and that following Rift Valley Railways time did not stop running even when the matter went to conciliation or ADR involving a State Counsel. The claim was dismissed as stale with no order as to costs. Judgment dated and delivered at Nyeri on 23 January 2019 by Nzioki wa Makau, Judge.
Key legal issues
#01
Whether the claim was time barred under Section 90 of the Employment Act
Holding
The claim was time barred and was dismissed
Reasoning
The court noted that Section 90 prescribes a time limit for filing employment claims. The Claimants admitted filing out of time, blaming the Respondent's dilatoriness in negotiations and conciliation. Following Rift Valley Railways, the court held that time does not stop running during conciliation or ADR. The claim being stale, it had to be dismissed with no order as to costs.
p. 2
Legal principles established
#- Time does not stop running during conciliation or other alternative dispute resolution mechanisms.
Court orders
#- 1.Claim dismissed with no order as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act; objection based on Section 90 of the Employment Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Grace Wambui Wahome & another v B.O.M Dr. Kamundia Secondary School [2019] KEELRC 2535 (KLR)", Case Analysis (2019). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2535/eng@2019-01-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.