Stephen Munyua Waiyali v Kenya Tea Development Agency [2018] KEELRC 2164 (KLR)

Summary at a glance

Facts

The applicant, Stephen Munyua Waiyali, was employed by the respondent, Kenya Tea Development Agency, on 19 October 1981. He was summarily dismissed on 15 June 2007 without being given an opportunity to be heard.

Issues

• Whether the court has jurisdiction to hear the applicant's claim for compensation for unfair termination.
• Whether the applicant's claim is statute barred due to the limitation period provided in the Limitation of Actions Act.

Reasoning

The court holds that the limitation period for employment cases before the enactment of the Employment Act 2007 was 6 years, as provided under Section 14(1) of the Limitation of Actions Act. The court further states that the court has no jurisdiction to hear a claim that is statute barred.

Outcome

Application dismissed

Authorities cited