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ELRCOther· [2016] KEELRC 1039 (KLR)

Kenya County Government Workers Union v Kiambu County Government & another [2016] KEELRC 1039 (KLR)

Employment and Labour Relations Court
17 June 2016
ANAbuodha Jorum Nelson
699 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court ruled that the three-year clock for filing an employment claim only starts when conciliation officially ends.

What this practically means

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Executive summary

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This is a ruling on a preliminary objection raised by the respondents in an employment claim brought by a union on behalf of former Kiambu County Council employees. The respondents raised five grounds: that the suit was time barred under section 90 of the Employment Act and section 4(1)(a) of the Limitation of Actions Act; that the respondents did not exist when the cause of action arose until the County Governments Act took effect; that they were wrongly joined since the claimants fell under the Public Service Commission; that the remedies sought were not those envisaged under section 138 of the County Governments Act on redeployment; and that the claim was incurably defective and an abuse of process. The court identified limitation as the only ground going to the root of the claim and its jurisdiction. Relying on its earlier decision in Kenya Plantation & Agricultural Workers Union v. Mununga Leaf Base (2013) eKLR, the court held that invocation of prescribed dispute resolution mechanisms suspends the accrued cause of action, and time runs only when the conciliator issues a certificate of unresolved dispute under section 69 of the Labour Relations Act. On the facts, the dispute was submitted to the Kiambu District Labour Office in 2007, a conciliator (Mr. B. O. Musandu) was appointed in June 2013, and a certificate of unresolved dispute was issued on 18th March 2014. The claim filed on 26th March 2016 was therefore within three years. The preliminary objection was overruled and the suit ordered to proceed to trial on merit.

Key legal issues

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01

Whether the claim was time barred under section 90 of the Employment Act

Holding

The claim was not time barred; the cause of action accrued on 18th March 2014 when the conciliator issued a certificate of unresolved dispute, and the claim filed on 26th March 2016 was within three years

Reasoning

The court relied on its earlier decision in Kenya Plantation & Agricultural Workers Union v. Mununga Leaf Base that invocation of pre-court dispute resolution mechanisms suspends the accrued cause of action. The dispute went to the Kiambu District Labour Office in 2007, the Minister appointed a conciliator in June 2013, and the conciliator issued a certificate of unresolved dispute on 18th March 2014. Limitation therefore ran from that date, and the claim filed on 26th March 2016 was within time.

p. 2
02

Whether the remaining grounds of the preliminary objection (wrongful joinder, non-existence of respondents, inappropriate remedies, abuse of process) warranted dismissal

Holding

These grounds were not determined as the objection was overruled on the limitation ground; the court identified limitation as the ground going to jurisdiction

Reasoning

The court observed that of the objections raised, the limitation ground was the one that went to the root of the claim and affected the jurisdiction of the Court. Having resolved that ground against the respondents, the court overruled the objection in its entirety and directed the suit to proceed to trial on merit without separately ruling on the remaining grounds.

p. 1

Legal principles established

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  • Once a disputant invokes prescribed dispute resolution mechanisms, the accrued cause of action becomes suspended until the outcome of the conciliation process is known
  • For limitation purposes, the cause of action accrues when the conciliator issues a certificate of unresolved dispute

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

  • Employment Act, Cap 226 Laws of Kenyasection 90
  • Limitation of Actions Act, Cap 22 Laws of Kenyasection 4(1)(a)
  • County Governments Act No. 17 of 2012section 138
  • Labour Relations Actsections 62 and 69

Cases cited (1)

  • Kenya Plantation & Agricultural Workers Union v. Mununga Leaf Base
    (2013) eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment and labour disputes (sections 62, 69 and 90 of the Employment Act; section 69 of the Labour Relations Act invoked in the submissions)

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, "Kenya County Government Workers Union v Kiambu County Government & another [2016] KEELRC 1039 (KLR)", Case Analysis (2016). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1039/eng@2016-06-17

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