Solomon Atuti Ombwori v Freight In Time Limited [2020] KEELRC 634 (KLR)
The bottom line
#A Kenyan court struck out an unfair dismissal claim filed nearly six years late, confirming criminal cases do not pause the three-year filing deadline.
What this practically means
#Executive summary
#Key legal issues
#Whether the claim was statute-barred under Section 90 of the Employment Act
The claim, filed nearly six years after termination, was way outside the three-year limitation period and the Court had no jurisdiction to entertain it
The Claimant pleaded termination on 29th July 2011 but filed his claim on 1st March 2017, well beyond the three-year period prescribed by Section 90 of the Employment Act. Limitation goes to jurisdiction. He admitted filing late, ostensibly because he was awaiting the outcome of criminal charges. The Court held the delay was not excusable and that the claim was time barred.
Whether pendency of criminal proceedings suspends the limitation period for an employment claim
No - criminal proceedings on the same facts do not halt the running of time for filing an employment claim
Relying on the Court of Appeal decision in Attorney General & another v Andrew Maina Githinji & another [2016] eKLR, the Court held that a claimant has all the material needed to plead a cause of action without waiting for the outcome of criminal proceedings on the same facts. The Claimant's explanation for the delay was therefore legally unavailing.
Legal principles established
#- A claimant in an employment matter has all the material required to display a cause of action without having to wait for the outcome of criminal proceedings arising from the same facts
- The pendency of criminal proceedings cannot cure an otherwise time-barred employment claim
Court orders
#- 1.The Claimant's claim is struck out
- 2.No order for costs
- Jurisdiction invoked
- Employment Act, Section 90 (limitation period for employment claims)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Solomon Atuti Ombwori v Freight In Time Limited [2020] KEELRC 634 (KLR)", Case Analysis (2020). Not stated in the judgment (Statement of Claim dated 13th February 2017, filed 1st March 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/634/eng@2020-04-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.