James Gitau Njoroge & another v Buchana Coffee Growers Co-operative Society [2018] KEELRC 638 (KLR)

Facts

The Claimants were dismissed summarily from employment on 30 April 2005 without due notice or reason. They sought a declaration that the termination of their employment was unfair and violated their rights to fairness and labour relations.

Issues

1. Unfair dismissal
2. Limitation of actions

Reasoning

The Employment Act did not have a provision on limitation, and the fall back was the Limitation of Actions Act, which limited a cause of action on contract to 6 years. The suit was filed 7 years after the cause of action arose, and the Court of Appeal held that no court may entertain an action brought six years after the cause of action arose.

Outcome

The suit is dismissed but no order as to costs is made.

Authorities cited