Convine Omondi Nyamweya v Geothermal Development Co Ltd [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Judge Radido Stephen
Judgment Date
October 16, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Convine Omondi Nyamweya v Geothermal Development Co Ltd [2020] eKLR, analyzing key legal principles and implications for geothermal projects.

Case Brief: Convine Omondi Nyamweya v Geothermal Development Co Ltd [2020] eKLR

1. Case Information:
- Name of the Case: Convine Omondi Nyamweya v Geothermal Development Co. Ltd
- Case Number: Cause No. 202 of 2020
- Court: Employment and Labour Relations Court at Nairobi
- Date Delivered: 16 October 2020
- Category of Law: Civil
- Judge(s): Judge Radido Stephen
- Country: Kenya

2. Questions Presented:
The central legal issue in this case is whether the applicant, Convine Omondi Nyamweya, should be granted leave to file a suit out of time against Geothermal Development Co. Ltd, following his dismissal from employment.

3. Facts of the Case:
Convine Omondi Nyamweya was dismissed from his position at Geothermal Development Co. Ltd on 13 April 2017. According to section 90 of the Employment Act, 2007, he had a period of three years to initiate legal proceedings to contest his dismissal. On 9 June 2020, Nyamweya filed an application seeking permission to file his suit beyond the prescribed time, asserting that he had submitted his pleadings electronically to the Court on 14 April 2020, but the assessment of the required court fees was delayed until 11 May 2020.

4. Procedural History:
After filing his application, the respondent, Geothermal Development Co. Ltd, submitted a replying affidavit in opposition on 17 August 2020. The court directed both parties to file their submissions, with the applicant submitting on 7 September 2020 and the respondent on 18 September 2020. The court then reviewed the submissions, affidavits, and supporting documents to make a determination on the application.

5. Analysis:
- Rules: The court considered section 90 of the Employment Act, 2007, which outlines the limitation period for filing claims related to employment dismissal. It also referenced case law regarding the court's authority to grant extensions of time, specifically noting that the court lacks the power to extend time or grant leave for filing out of time.
- Case Law: The court cited several cases, including *Divecon v Samani (1995 -1998) EA 48*, *Kenya Airports Authority v Shadrack Abraham Kisongochi (2016) eKLR*, and *Attorney General & Ar v Andrew Maina Githinji & Ar (2016) eKLR*, which collectively affirm that the court does not have the jurisdiction to grant extensions for filing claims outside the statutory period.
- Application: The court found that although the applicant's request appeared to seek an extension of time, the essence of the application was to validate the timely submission of his pleadings, which were delayed by the court's processing of fees. The court concluded that the applicant should not be penalized for the court's delay in assessing fees.

6. Conclusion:
The court ruled that the Statement of Claim and accompanying documents submitted by the applicant are deemed to have been filed on 14 April 2020, with the assessed fees paid on 11 May 2020. The court ordered costs to be in the cause, effectively allowing the applicant to proceed with his claim against the respondent.

7. Dissent:
There were no dissenting opinions noted in this case.

8. Summary:
The Employment and Labour Relations Court in Nairobi ruled in favor of Convine Omondi Nyamweya, deeming his Statement of Claim as filed on time despite the delay in fee assessment by the court. This decision underscores the principle that litigants should not be penalized for delays that are not attributable to them, reinforcing access to justice in employment disputes. The ruling has implications for future cases where electronic filing and court delays may intersect with statutory limitation periods.

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