Hawkins Wagunza Musonye v Rift Valley Railways Kenya Limited [2014] KEELRC 114 (KLR)
The bottom line
#Kenya's Industrial Court ruled that time spent negotiating with an employer after dismissal doesn't count toward the three-year limit for filing an employment claim.
What this practically means
#Executive summary
#Key legal issues
#Whether the intended Claim, brought more than three years after termination on 12th November 2009, is barred by Section 90 of the Employment Act 2007.
The Claim is not time barred because the period of negotiations between the Applicant's former advocates and the employer is taken into account, following the court's earlier reasoning in Desidery Onyango.
The Applicant, like Onyango in Miscellaneous Civil Application Number 12 of 2014, was a former employee of Rift Valley Railways Kenya Limited whose services were terminated on 12th November 2009. His advocates negotiated with the employer and arrived at a settlement of Kshs. 65,000 all-inclusive, but he rejected the terms and withdrew instructions. The court found the facts identical to Onyango's and adopted that decision's findings, reasoning and conclusion, holding that the negotiation period is excluded, so the Claim is not barred.
Legal principles established
#- The time spent in negotiations between an employee's advocates and the employer after termination is taken into account when assessing whether a claim filed within three years of termination is time barred under Section 90 of the Employment Act.
Court orders
#- 1.The Statement of Claim attached to the Application shall be deemed as duly filed upon payment of the requisite Court fees.
- 2.The Claim be registered and summons issued upon the payment of the requisite Court fees.
- Jurisdiction invoked
- Industrial Court's authority to extend time under Section 90 of the Employment Act 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hawkins Wagunza Musonye v Rift Valley Railways Kenya Limited [2014] KEELRC 114 (KLR)", Case Analysis (2014). Ex-parte Application (Industrial Court, Mombasa) - similar to Mombasa Miscellaneous Civil Application Number 12 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/114/eng@2014-11-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.