Gerald Ratemo Mabeya v Attroney General & another [2022] KEELRC 878 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the suit is statute barred
The suit is statute barred; the cause of action accrued on or before October 2004 and the suit was filed in 2010, about six years later, well beyond the three-year limitation period
The court held that limitation runs from when the cause of action accrued. Since the claim was premised on the setting aside of the Claimant's criminal conviction, the cause of action crystallised when the conviction was set aside. Although the exact date of the setting aside was not evident from the documents, the notice of intention to sue dated 18th October 2004 pointed to the period around which the conviction was set aside, making the 2010 filing far outside the three-year window.
Whether the Claimant is entitled to the reliefs sought (salary arrears and pension)
The Claimant is not entitled to the reliefs sought because the suit was dismissed as time barred
The Claimant sought salary arrears and pension, alleging he was never subjected to a disciplinary process and that his conviction was set aside with no retrial taking place. The Respondent did not participate in the hearing but filed a defence raising limitation. Since the suit was found to be time barred, the court did not reach the merits of the entitlement question and dismissed the suit.
Legal principles established
#- Where an employee's claim is premised on the setting aside of a criminal conviction, the cause of action crystallises when the conviction was set aside
- Proceedings founded on contract against the Government must be brought within three years of accrual under Section 3 of the Public Authorities Limitations Act, read with Section 90 of the Employment Act for employment claims
Court orders
#- 1.The suit is dismissed as time barred
- 2.No orders as to costs
- Jurisdiction invoked
- Transferred from the High Court at Kisii to the Employment and Labour Relations Court pursuant to its employment jurisdiction (Employment and Labour Relations Court Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gerald Ratemo Mabeya v Attroney General & another [2022] KEELRC 878 (KLR)", Case Analysis (2022). ELRC Cause No. 47 of 2015 (formerly Kisii High Court Civil Suit No. 301 of 2010). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/878/eng@2022-02-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.