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ELRCDismissedMiscellaneous Application (as transferred from High Court Miscellaneous Application Number 1622 of 2005)· [2022] KEELRC 988 (KLR)

Christopher John Nyamohanga v Regional Centre for Mapping of Resources for Development [2022] KEELRC 988 (KLR)

Employment and Labour Relations Court
27 January 2022
1,103 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The Applicant, a former Electronic Engineer employed by the Respondent on 5th February 1980 and terminated in February 1991 while Acting Head of Engineering Department, sought leave to institute a claim for terminal benefits quantified at USD 344,212.42. He filed an Originating Summons at the High Court in 2005 (Miscellaneous Application Number 1622 of 2005), which was dismissed for want of prosecution in July 2015, reinstated and transferred to the Employment and Labour Relations Court by a Ruling dated 12th July 2018 citing lack of jurisdiction. The Application was determined on written submissions, only the Applicant having filed. The Court found the Applicant's explanation for delay unpersuasive: termination occurred in 1991, the claim was filed in 2005 (14 years later), and prosecution only resumed in 2021. The Court held the cause of action arose in 1991, not 2003 as the Applicant contended, and that under the Limitation of Actions Act the claim had to be filed within 6 years, lapsing in 1997. Applying the Court of Appeal's decision in Rift Valley Railways (Kenya) Limited v. Hawkins Wagunza Musonye & Another [2016] e-KLR, the Court held that out-of-court negotiations - including petitions to President Moi and engagement of Hamilton, Harrison & Mathews - do not freeze time. The Court further noted the Applicant's own exhibits showed terminal benefits of Kshs. 745,522 were paid on 30th September 1992, which he did not deny. The Application was declined with no order on costs, dated 27th January 2022.

Key legal issues

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01

When the cause of action for terminal benefits accrued

Holding

The cause of action arose in 1991 on termination of employment, not in 2003 when the Respondent refused payment.

Reasoning

The Applicant argued the cause arose in 2003 when the Respondent definitively refused to pay. The Court held that at the time the cause of action arose, which it found to be 1991, the Limitation of Actions Act required filing within 6 years, lapsing in 1997. The Applicant filed in 2005, 14 years after termination, far outside the statutory window.

p. 2
02

Whether out-of-court pursuit of payment suspends limitation

Holding

Out-of-court negotiations, including petitions to the President and engagement of advocates, do not stop the limitation clock.

Reasoning

Relying on the Court of Appeal's decision in Rift Valley Railways (Kenya) Limited v. Hawkins Wagunza Musonye & Another [2016] e-KLR, the Court held that time is never frozen in determining when a cause of action arises. While the law encourages alternative dispute resolution, it must be conducted within the law; a claimant may negotiate but must file within statutory timeframes.

p. 2
03

Whether the Applicant left employment without terminal benefits

Holding

The Court was not persuaded that the Applicant left without terminal benefits; his own exhibits showed payment of Kshs. 745,522 on 30th September 1992.

Reasoning

The Respondent's undated letter, exhibited by the Applicant as 'CJN 7', stated terminal benefits of Kshs. 745,522 were paid on 30th September 1992 with a payment schedule attached. The Applicant did not deny this payment in his Affidavit or Submissions and failed to explain the exhibits, which were his own. It would therefore be incorrect to endorse his claim that he left employment without terminal benefits.

p. 2

Legal principles established

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  • Time does not stop running merely because parties are engaged in out-of-court negotiations; the limitation period is not suspended by pursuit of alternative dispute resolution.

Court orders

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  1. 1.The Application is declined.
  2. 2.No order on the costs.

Authorities

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Legislation

  • Limitation of Actions Act

Cases cited (1)

  • Rift Valley Railways [Kenya] Limited v. Hawkins Wagunza Musonye & Another
    [2016] e-KLR
On appeal from
High Court
Miscellaneous Application Number 1622 of 2005
Jurisdiction invoked
Transferred from the High Court to the Employment and Labour Relations Court on jurisdictional grounds (Ruling dated 12th July 2018)

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, "Christopher John Nyamohanga v Regional Centre for Mapping of Resources for Development [2022] KEELRC 988 (KLR)", Case Analysis (2022). Miscellaneous Application (as transferred from High Court Miscellaneous Application Number 1622 of 2005). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/988/eng@2022-01-27

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