Celestine Nyaga v Minister for Finance & 3 others [2017] KEHC 569 (KLR)

Facts

Celestine Nyanga was unlawfully dismissed from employment by the defunct Kenya Posts and Telecommunication Corporation on 21st November, 1998. She lodged Meru CMCC No. 34 of 1991 and received a judgment for KShs.50,000/= on 15th November, 1995. The decretal amount increased to KShs.1,731,436/=, with part of it paid and a sum of KShs.646,382/05 remaining unpaid. The Kenya Communications Act 1998 empowered the Respondent to transfer and vest assets and liabilities of the defunct KPTC to the Interested Parties.

Issues

1. whether the Court has the jurisdiction to grant the order sought of mandamus in the circumstances of this case
2. whether the matter is caught up by the provisions of the Limitation of Actions Act, Cap. 22, Laws of Kenya

Reasoning

The judgment was passed on 29th May, 1996 and the time for enforcement ended on 28th May, 2008. The Motion was filed on 15th February, 2012, which was sixteen years from the date of judgment. The Limitation Act does not give extension of time for execution or enforcement of a judgment or decree.

Outcome

The Motion is dismissed.

Authorities cited