Robert Mwisani Lumadede v Attorney General [2019] KEELRC 1982 (KLR)
The bottom line
#Kenya's Employment Court confirmed it cannot extend the three-year deadline for filing employment contract claims, dismissing a review bid as an attempt to revive a time-barred claim.
What this practically means
#Executive summary
#Key legal issues
#Whether grounds for review under Rule 33(1) of the ELRC (Procedure) Rules, 2016 were established
No ground for review was established; the application was an attempt to circumvent the mandatory limitation period
The court held that review requires discovery of new and important matter, mistake or error apparent on the record, need for clarification, or other sufficient reason. The applicant's grounds - that prior files existed in the Chief Magistrate's Court and High Court - did not cure the fatal defect that the employment claim was time-barred under section 90 of the Employment Act, 2007, which is in mandatory terms and admits no extension for contract claims.
Whether the court has power to extend time for filing employment claims beyond the statutory limitation period
The court is denied the power, discretion and leeway to extend time; claims must be lodged within the prescribed time
Relying on Divecon v Samani and Beatrice Kahai Adagala v Postal Corporation of Kenya, the court reaffirmed that the limitation period in contract claims is never extended, and can only be extended in tort claims under sections 27 and 28 of the Limitation of Actions Act. An old employment claim cannot be revived by any innovation, device or craft.
Legal principles established
#- A claim based on a contract of employment must be filed within 3 years and the limitation period is mandatory; it cannot be extended in matters based on contract
Court orders
#- 1.The application dated 11th December, 2018 is dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Section 16 of the Employment and Labour Relations Court Act, 2011 and Rule 33(1) of the Employment and Labour Relations Court (Procedure) Rules, 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Robert Mwisani Lumadede v Attorney General [2019] KEELRC 1982 (KLR)", Case Analysis (2019). ELRC 164 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1982/eng@2019-02-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.