Mola v National Government Constituencies Development Fund Board (Cause 42 of 2022) [2023] KEELRC 354 (KLR) (15 February 2023) (Ruling)

Facts

Claimant Edward Omondi Mola was dismissed on 18 December 2018. He appealed the dismissal but was notified of its failure on or around 26 January 2022. He then sued the Respondent, the National Government Constituencies Development Fund Board, alleging unfair termination and breach of contract on 27 September 2022.

Issues

1. Whether time stopped running for purposes of limitation when the Claimant's appeal was pending before the Respondent.
2. When did the Claimant become entitled to complain or obtain a remedy in damages from his employer through the civil court?

Reasoning

The Court of Appeal has established that time does not stop running merely because parties are engaged in out-of-court negotiations. The Court applies the ratio in the cited authorities, concluding that the Claimant's cause of action accrued at the time of dismissal and that pursuing an appeal did not extend the statutory limitation period.

Outcome

The Cause is struck out for want of jurisdiction.

Authorities cited