Andrew Mwamburi Mwasinde v Trustees – National Social Security Fund [2017] KEHC 1002 (KLR)
- Court
- High Court of Kenya
- Case number
- 1002
- Citation
- [2017] KEHC 1002 (KLR)
- Decided
- 10 November 2017
The Hon. Magistrate erred in striking out the suit for being statute barred as the provisions of the National Social Security Fund Act exclude civil proceedings for the recovery of contributions or any other sum and any penalty or interest thereon from limitation.
Facts
The appellant, Andrew Mwamburi Mwasinde, filed a suit against the respondent, Trustees – National Social Security Fund, seeking a judgment for the sum of Kshs. 60,237.80 and costs. The appellant claimed contributions he made to the respondent when he was an employee of EMCO Glassworks Ltd.
Issues
- Whether the provisions of the Public Authorities Limitation Act, Cap 39 apply to retirement benefit claims filed against the National Social Security Fund
- Whether the Hon. Magistrate erred in striking out the suit for being statute barred
Reasoning
The court held that the Public Authorities Limitation Act does not apply to proceedings brought under the National Social Security Fund Act for recovery of contributions or any other sum and any penalty or interest thereon.
Outcome
The appeal is upheld, and the judgment of the lower court is set aside. The appellant is granted costs of the application in the lower court and of this appeal.
Orders
- Judgment entered in the appellant's favor for the sum of Kshs. 60,237.80 with costs of the lower court and of this appeal.
- Interest awarded at court rates.
Authorities cited
Legislation (2)
- Public Authorities Limitation Act, Cap 39
- Limitation of Actions Act, Cap 22
Cases cited (2)
- Selle vs Associated Motor Boat Co. [1968] EA 123
- County Council of Nyeri vs Board of Trustees, National Social Security Fund [2014] eKLR
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