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ELRCOther· [2015] KEELRC 322 (KLR)

Carolyn Kipkeny Arkach v Telkom Kenya Limited [2015] KEELRC 322 (KLR)

Employment and Labour Relations Court
30 October 2015
JAJ. N. Abuodha
428 words in judgment
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The bottom line

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Kenya's Employment Court ruled that time limits for suing over a dismissal pause during official conciliation, so the worker's 2014 claim was still valid.

What this practically means

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Executive summary

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The respondent raised a preliminary objection that the claimant's claim, filed on 12th August 2014, was statute-barred under the six-year limitation rule, since the claimant was dismissed from employment on 29th April 2004. The claimant countered that time began to run only when the conciliator appointed by the Minister under section 6 of the Trade Disputes Act (now repealed) made his decision on 25th July 2013. The court reviewed the documentary record: the dispute was reported to the Minister by the claimant's union on 26th November 2009, a conciliator was appointed (Mr. Bii, later replaced by Mr. F. Okello), and Mr. Okello delivered his report dated 25th July 2013. Applying Kenya Plantation & Agricultural Workers Union v. Murunga Leaf Base (2013) eKLR, the court held that resolution of labour disputes is a process and that once a dispute is submitted under the Trade Disputes Act or the Labour Relations Act, the cause of action is suspended until the conciliation outcome is known. That outcome became known on 14th August 2013 when the union received the conciliator's letter; the suit filed on 12th August 2014 was therefore within the six-year period. The preliminary objection was overruled and the suit ordered to proceed to trial on merit, the judgment concluding 'It is so ordered.' No costs order was recorded.

Key legal issues

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01

Whether limitation time was suspended by the statutory conciliation process under the Trade Disputes Act

Holding

Yes. Time began to run only when the outcome of the conciliation became known to the claimant's union on 14th August 2013; the suit filed on 12th August 2014 was therefore within the six-year period.

Reasoning

The court adopted the approach in Kenya Plantation & Agricultural Workers Union v. Murunga Leaf Base that resolution of employment disputes is a process with the Court as final arbiter. Once the dispute was reported to the Minister and a conciliator appointed under section 6 of the Trade Disputes Act (now repealed), the cause of action was suspended. The conciliator's report dated 25th July 2013 was received by the union on 14th August 2013, so the claim filed on 12th August 2014 was within time.

p. 1

Legal principles established

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  • Once a labour dispute is submitted for resolution under the Trade Disputes Act (now repealed) or the Labour Relations Act, the cause of action becomes suspended until the outcome of the conciliation process is known, and time does not run during that period.

Court orders

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  1. 1.The preliminary objection is overruled
  2. 2.The suit shall proceed to trial on merit

Authorities

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Legislation

  • Limitation of Actions Actsix-year limitation rule
  • Trade Disputes Act (now repealed)section 6
  • Labour Relations Act

Cases cited (1)

  • Kenya Plantation & Agricultural Workers Union v. Murunga Leaf Base
    (2013) eKLR
Jurisdiction invoked
Jurisdiction under the Employment and Labour Relations Court; objection raised under the Limitation of Actions Act (six-year rule)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Carolyn Kipkeny Arkach v Telkom Kenya Limited [2015] KEELRC 322 (KLR)", Case Analysis (2015). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/322/eng@2015-10-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.