Great Rift Valley Lodge & Resort v Paul (Appeal 44 of 2017) [2024] KEELRC 1666 (KLR)

The court traced the litigation history: Ojwang J declared various WIBA sections unconstitutional in 2009; the Court of Appeal in 2017 and the Supreme Court in 2019 reversed, holding the sections constitutional ab initio save Sections 7 and 10(4). The superior courts only protected suits filed before WIBA commenced. Suits filed between the High Court and Court of Appeal decisions were not addressed. Given the suit was filed when the declaration stood, dismissing it for want of jurisdiction would be grossly unfair under the doctrine of legitimate expectation.

Section 90 of the Employment Act requires actions arising from the Act or a contract of service to be commenced within three years of the act, neglect or default complained of. The injury date was 2 June 2008 and filing was on 2 November 2012, more than four years later. The lower court ought to have struck out the claim; the judgment and consequent orders were therefore set aside and the appeal allowed on this ground alone, making consideration of the remaining grounds unnecessary.

Having held the judgment a nullity for being founded on a time-barred claim, the court expressly declined to determine the merits grounds, including the allegations of fraud, non-reporting of the accident, doubtful medical records, variance between pleadings and testimony, and the quantum of general damages. The dispositive ground was limitation of actions, which disposed of the entire appeal.