Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedNot stated in the judgment as provided· [2019] KEELRC 2251 (KLR)

Transport Workers Union v Namukika Sacco Limited [2019] KEELRC 2251 (KLR)

Employment and Labour Relations Court
19 February 2019
NMNzioki wa Makau
702 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

#

A Kenyan court dismissed workers' terminal dues claim because they filed it more than three years after dismissal, missing the legal deadline.

What this practically means

#

Executive summary

#
The Claimant sued on behalf of three Grievants - Bernard Irungu, Josphat Ndungu and Paul Mwangi - alleging they were employees of the Respondent as stage attendant, matatu driver and matatu conductor, and were dismissed on various dates in 2013 and 2014. They sought terminal dues comprising salary in lieu of notice, service pay, underpaid basic minimum wages, overtime, public holiday overtime pay, costs and certificates of service. The Respondent denied the Grievants were ever its employees and sought dismissal of the suit. The Claimant filed the Grievants' identification badges issued by the Respondent in a reply to the memorandum of response. The parties proceeded by written submissions. The Court did not reach the merits of the employment relationship or the terminal dues, because it found the suit time-barred under Section 90 of the Employment Act, which requires such actions to be commenced within three years of the act complained of. Following the Court of Appeal's decision in Attorney General & Another v Andrew Maina Githinji & Another [2016] eKLR, the Court held that the cause of action for wrongful or unfair termination accrues upon termination. The 1st Grievant was dismissed on 5th April 2013 (suit due by April 2016), the 2nd in May 2014 (due by May 2017) and the 3rd in February 2014 (due by February 2017), but the claim was filed on 24th July 2017. The Court held that ongoing conciliation did not suspend limitation, the certificate of referral having been issued on 11th December 2015 while suit was still competent. The suit was dismissed with no order as to costs.

Key legal issues

#
01

Limitation of employment claims under Section 90 of the Employment Act

Holding

The suit was time-barred; each Grievant's claim had to be filed within three years of dismissal and the suit filed on 24th July 2017 fell outside that period. Conciliation did not toll limitation.

Reasoning

Section 90 of the Employment Act, notwithstanding Section 4(1) of the Limitation of Actions Act, requires civil actions arising out of the Act or a contract of service to be commenced within three years of the act complained of. The Court of Appeal in Attorney General & Another v Andrew Maina Githinji settled that the cause of action accrues upon termination. The dismissal dates ranged from April 2013 to May 2014, so the claims, filed on 24th July 2017, were out of time. The ongoing conciliation process did not extend limitation.

p. 2

Legal principles established

#
  • Under Section 90 of the Employment Act, the cause of action for wrongful or unfair termination accrues upon termination, and claims must be filed within three years of that date

Court orders

#
  1. 1.The suit is dismissed for being filed out of time
  2. 2.No order as to costs

Authorities

#

Legislation

  • Employment ActSection 90
  • Limitation of Actions ActSection 4(1)

Cases cited (1)

  • Attorney General & Another v Andrew Maina Githinji & Another
    [2016] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act; limitation governed by Section 90 of the Employment Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Transport Workers Union v Namukika Sacco Limited [2019] KEELRC 2251 (KLR)", Case Analysis (2019). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2251/eng@2019-02-19

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