MARIA MACHOCHO V TOTAL KENYA LIMITED [2013] KEELRC 577 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 577
- Citation
- [2013] KEELRC 577 (KLR)
- Decided
- 15 March 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil CausePostureApplication for leave to file a claim out of timeCoramJustice Radido Stephen
Holding
The Court declines to grant leave or extend time in causes of action based on breach of contract of service or actions arising out of the Employment Act, 2007.
Facts
The applicant was dismissed in 2006 and filed an ex parte Originating Motion seeking leave to file a claim against the respondent out of time.
Issues
- Whether the Industrial Court has jurisdiction to grant leave or extend time in respect of causes of action based on breach of contract
- Whether the Court has discretion to grant leave or extend time
Reasoning
The statutory limitation period for causes of action based on breach of contract of service or actions arising out of the Employment Act is three years, as per section 90 of the Employment Act. The Court of Appeal's decision in Divecon Ltd v Samani established that no court may entertain an action brought six years after the cause of action arose.
Outcome
Application dismissed with no order as to costs
Authorities cited
Legislation (3)
- Industrial Court Act, 2011
- Limitation of Actions Act
- Employment Act, 2007
Cases cited (4)
- Divecon Ltd v Samani [1995-1998] 1 EA 48
- Stephen Ndungu Kariuki v G4S Security Services Ltd, Nairobi Industrial Cause No. 1296 of 2010
- Eastern Produce (K) Ltd v Earnest Omose Osore, Eldoret High Court Civil Appeal No. 50 of 2000
- James Muchunku Mbaabu v PS Ministry of Education & Another, Meru High Court Misc Case No. 17 of 2011
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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