Silvanus Ombati Bongoye v National Police Service Commission [2017] KEELRC 168 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 168
- Citation
- [2017] KEELRC 168 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication to extend limitation periodCoramMATHEWS N. NDUMA
Holding
The court lacks the power to extend the limitation period for a claim founded on contract.
Facts
The applicant was dismissed from Administration Police Force on 15th August, 2005. He appealed the dismissal but both appeals were disallowed. The applicant filed the application on 26th April, 2017, more than sixteen years after the cause of action arose.
Issues
- Whether the court has the power to extend the limitation period for a claim founded on contract.
- Whether the applicant has provided a legal or factual justification to warrant the extension of the limitation period.
Reasoning
The court ruled that the applicant's application cannot be entertained as it is beyond the statutory limitation period of six years for claims founded on contract. The court also cited previous cases to emphasize the clear statutory provisions.
Outcome
Application dismissed with no orders as to costs.
Authorities cited
Legislation (2)
- Limitation of Actions Act, Cap 22 of the Laws of Kenya
- Public Authority Limitation Act, Cap 39
Cases cited (2)
- Gathoni Vs Kenya Co-operative Creameries Limited Civil Application No. 122 of 1981
- Divecon Limited v Samani [1995-1998] EA 48
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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