Oscar Owino v G4s Security Services (K) Limited [2021] KEELRC 260 (KLR)
The bottom line
#A Kenyan employment claim filed over three years after dismissal was struck out because the Employment Act's time limit removes the court's power to hear it.
What this practically means
#Executive summary
#Key legal issues
#Limitation under Section 90 of the Employment Act
The claim, filed more than five years after summary dismissal, was time barred and the court lacked jurisdiction to entertain it
The claimant was dismissed on 31st March 2010 but filed the memorandum of claim on 16th October 2015, more than five years later. Section 90 of the Employment Act prescribes three years from the act of dismissal, with a 12-month window only for continuing injuries after cessation. The suit fell squarely outside the statutory period, and being undefended did not cure the jurisdictional defect.
Jurisdiction where suit is filed out of time
Filing out of time ousts the court's jurisdiction; the court cannot grant leave or extend time in Employment Act matters absent statutory provision
Relying on Maria Machocho v Total Kenya Ltd, the court held it has neither statutory jurisdiction nor discretion to extend time for Employment Act causes of action. The undefended nature of the claim did not confer jurisdiction, since jurisdiction is conferred by law and cannot be assumed by default or consent of the parties.
Legal principles established
#- A suit filed out of time under Section 90 of the Employment Act deprives the court of jurisdiction, and the court has no statutory jurisdiction or discretion to extend time for causes of action based on breach of service or actions arising out of the Employment Act, 2007
Court orders
#- 1.The claimant's suit is struck off for being time barred
- 2.No orders as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (Section 90)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Oscar Owino v G4s Security Services (K) Limited [2021] KEELRC 260 (KLR)", Case Analysis (2021). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/260/eng@2021-12-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.