JOHN MWANIKI V G4S SECURITY SERVICES LIMITED [2012] KEELRC 221 (KLR)

JOHN MWANIKI V G4S SECURITY SERVICES LIMITED [2012] KEELRC 221 (KLR) JOHN MWANIKI V G4S SECURITY SERVICES LIMITED[2012]eKLR Neutral citation: [2012] KEIC 10 (KLR) Republic of Kenya In the Industrial Court at Nairobi Cause 1139 of 2012 ON Makau, J October 26, 2012 Between John Mwaniki Claimant and G4S Security Services Limited Respondent 1.The Respondent has filed a Notice of Preliminary Objection (P.O.) against the claimant’s suit. The grounds upon which the Preliminary Objection stands are:-(a)The claim is time barred under Section 90 of the [Employment Act](/akn/ke/act/2007/11).(b)The Claimant lacks capacity to sue on the dispute before the Court.(c)The court lacks jurisdiction to entertain a time barred suit. 2.The Preliminary Objection was argued ex-parte on 1/10/12 after the court was satisfied that the claimant was aware of the hearing date which had been fixed by consent. 3.The Respondent submitted that the suit was filed on 4-7-12 seeking remedy for unlawful termination. That the claim shows that the termination occurred on 18-7-2008. That Section 90 of the [Employment Act](/akn/ke/act/2007/11) restricts time to file claims of that [Employment Act](/akn/ke/act/2007/11) restricts time to file claims of that nature to three (3) years. Consequently, the present claim should have been filed latest by 17-7-2011. 4.I have carefully perused the claim and all the supporting documents and also the submissions advanced by the Respondent. I did not see any leave order enlarging the time within which to file the suit before me. 5.Consequently, I allow the Preliminary Objection and strike out the claim with no order as to costs. **DATED AND DELIVERED AT NAIROBI THIS 26 TH DAY OF OCTOBER, 2012.****ONESMUS MAKAU****JUDGE**