Kenya Union Of Domestic, Hotels, Educational Institutions, Hospital And Allied Workers (Kudheiha) v Kaheti Primary School [2014] KEELRC 1423 (KLR)
The bottom line
#A Kenyan employment claim was struck out because it was filed years too late, showing deadlines in employment disputes are strictly enforced.
What this practically means
#Executive summary
#Key legal issues
#Limitation under section 90 of the Employment Act, 2007
The claim, pleaded to have accrued on 14.03.2006 and filed on 2.09.2014, was time-barred under section 90
The cause of action was pleaded as having accrued on 14.03.2006. After the conciliation process lapsed on 19.05.2011, the three-year limitation window under section 90 of the Employment Act had already expired by 2.09.2014 when the suit was filed, rendering the claim incompetent.
Statutory reporting timelines under sections 62(3) and 67(1) of the Labour Relations Act, 2007
The claimant failed to report the dispute within 90 days as required, and the conciliator's 30-day period expired leaving the dispute unresolved
The dispute occurred on 14.03.2006 but was only reported to the Minister on 17.03.2011, far outside the mandatory 90 days. The conciliator's 30-day mandate lapsed on 19.05.2011, leaving the dispute unresolved, and the claim filed thereafter was irregular and incompetent.
Amended preliminary objection filed without leave
The court proceeded on the original notice, holding it sufficiently disclosed the issues even if the amendment were struck out
The claimant objected that the amended preliminary objection was filed without leave. The court held that even if the amendment were struck out, the initial notice would adequately bring out the issues in dispute, so the objection did not defeat the preliminary objection.
Legal principles established
#- A claim founded on a cause of action that accrued outside the limitation period in section 90 of the Employment Act and reported outside the statutory timelines in sections 62(3) and 67(1) of the Labour Relations Act is incompetent and may be struck out on a preliminary objection
Court orders
#- 1.The respondent's preliminary objection is upheld as urged
- 2.The memorandum of claim is dismissed with costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction (Employment Act, 2007; Labour Relations Act, 2007); no constitutional provision stated
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union Of Domestic, Hotels, Educational Institutions, Hospital And Allied Workers (Kudheiha) v Kaheti Primary School [2014] KEELRC 1423 (KLR)", Case Analysis (2014). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/1423/eng@2014-11-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.