Peter Hilary Odhiambo v Attorney General on behalf of the Ministry of Interior and Coordination of National Government [2019] KEELRC 913 (KLR)
The bottom line
#The Employment Court struck out a Kshs.8 million unfair termination claim because it was filed more than three years after dismissal, Kenya's statutory deadline.
What this practically means
#Executive summary
#Key legal issues
#Limitation under section 90 of the Employment Act
The suit filed on 17.12.2014 was out of time, the cause of action having arisen with the termination effective 09.10.2009; the suit was struck out
The court found no dispute that termination took effect on 09.10.2009 and the claim was lodged on 17.12.2014, well beyond 3 years. Following the Court of Appeal in Attorney General & Another v Andrew Maina Githinji, the limitation period was surpassed. The claimant's administrative appeal had not been raised as a pleaded basis to suspend time, and no orders had been sought to compel its determination.
Effect of a pending administrative appeal on limitation
The proper remedy for the agreed administrative appeal procedure was specific performance of the contractual provision or other appropriate remedy such as judicial review, not pleaded or sought in this suit
The court considered that the parties had agreed on an administrative appeal procedure. The claimant did not seek orders that the appeal be determined, so that circumstance did not arrest the running of time. The court noted the objection was raised belatedly and not categorically pleaded, which informed the costs order.
Legal principles established
#- A cause of action in employment termination accrues when the employee is dismissed and knows the facts; filing beyond the 3-year statutory limitation renders the claim time barred
Court orders
#- 1.The suit is struck out for being time barred
- 2.Each party shall bear own costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (limitation under section 90 invoked)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peter Hilary Odhiambo v Attorney General on behalf of the Ministry of Interior and Coordination of National Government [2019] KEELRC 913 (KLR)", Case Analysis (2019). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/913/eng@2019-08-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.