Kenya Union of Employees of Voluntary and Charitable Organisations (KUEVACO) v Pumwani Riyadha Mosque Committee (Cause 337 of 2016) [2019] KEELRC 2139 (KLR)
The bottom line
#Kenya's Employment Court struck out a union's claim because it was filed years late, confirming that conciliation does not pause the limitation clock.
What this practically means
#Executive summary
#Key legal issues
#Limitation period for employment claims founded on contract predating the Employment Act, 2007
The cause of action accrued on 30th April 2008, before the Employment Act came into force, so Section 4(1) of the Limitation of Actions Act (six years) applies and the claim ought to have been filed by 30th April 2014
The court held the accrual date preceded the Employment Act's implementation date, hence the general six-year contract limitation applied rather than Section 90's three-year period. The claim filed on 7th March 2016 was nearly two years after conciliation was declared unresolved on 26th May 2011, an unnecessary delay the court could not entertain.
Effect of conciliation on the running of limitation time
Conciliation does not suspend the limitation period; time continued to run during the conciliation process
Following the Court of Appeal in G4S Security Services and this court's decision in Rift Valley Railways, the court held that statutory conciliation under the Labour Relations Act does not arrest limitation, since the scheme encourages ADR that must be court-based and conducted within the law; out-of-court negotiations do not stop time.
Survival of the claim after death of a grievant
The union cannot prosecute a deceased grievant's claim without a personal representative; the claim is incompetent
Relying on Radido J. in Tailors & Textile Workers Union and sections 2 and 82 of the Law of Succession Act and section 24 of the Employment Act, the court held that only a personal representative may enforce causes of action surviving a deceased employee; no personal representative had been appointed when the claim was filed.
Legal principles established
#- Time does not stop running on commencement of conciliation or other alternative dispute resolution mechanisms
- A union cannot continue representing a deceased employee absent appointment of a personal representative
- A claim filed after the death of a grievant without appointment of a personal representative is incompetent
Court orders
#- 1.The preliminary objection succeeds and the suit is struck out on the ground that it is time barred
- 2.No orders for costs
- Jurisdiction invoked
- Section 12(1)(b) of the Employment and Labour Relations Court Act (court's jurisdiction invoked); claim under Section 90 of the Employment Act and the Labour Relations Act conciliation framework
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Employees of Voluntary and Charitable Organisations (KUEVACO) v Pumwani Riyadha Mosque Committee (Cause 337 of 2016) [2019] KEELRC 2139 (KLR)", Case Analysis (2019). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2139/eng@2019-02-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.