Kenya County Government Workers Union v Kiambu County Government & another [2020] KEELRC 786 (KLR)
The bottom line
#The Employment Court struck out a union claim filed 15 years late, confirming that talking and conciliating never pause Kenyan limitation deadlines.
What this practically means
#Executive summary
#Key legal issues
#Whether the claim was statute barred
The claim filed 15 years after retirement was out of time under the Trade Disputes Act, the Labour Relations Act, the Limitation of Actions Act and the Employment Act.
The grievants were retired on 31st December 2000. Under the Trade Disputes Act termination disputes had to be reported within 28 days, and under Section 62(3) of the Labour Relations Act within 90 days. The informal dispute was reported only on 13th June 2007 and the formal dispute on 27th March 2013, with no evidence the Minister extended time. The Employment Act limits employment claims to three years. The claim filed on 26th March 2015 was therefore hopeless on limitation.
Whether the court could revisit the earlier ruling on limitation
Yes; limitation is a question of jurisdiction and the court, now possessed of the full facts after hearing evidence, was bound to deal with it as a preliminary issue.
A preliminary objection on limitation had been determined by a ruling of 17th June 2016 by a differently stationed judge. The court held that jurisdiction is everything; a court cannot make one more step where it lacks jurisdiction. Having now heard the evidence and considered both law and facts not placed before the earlier judge, the court was entitled to revisit the question, following the same approach in George Oppolo v Guaranty Trust Bank.
Whether conciliation stops time running
No; conciliation and alternative dispute resolution do not suspend the limitation period.
Relying on binding Court of Appeal authority in G4S Security Services and Rift Valley Railways, and the decision in Kenya Electrical Trades & Allied Workers Union, the court held that the three-year outer limit under Section 90 of the Employment Act applies irrespective of conciliation. The discretion under the Labour Relations Act cannot extend time beyond the statutory limit, and no evidence showed the Minister permitted a longer period.
Legal principles established
#- Limitation goes to jurisdiction and must be addressed as a preliminary issue; without jurisdiction a court must down its tools
- Time does not stop running merely because parties are engaged in out-of-court negotiations or conciliation
- Where a statute limits time for bringing an action, no court may extend that time unless the statute itself allows it
Court orders
#- 1.The claim is struck out with no orders for costs
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution and the Employment and Labour Relations Court Act (court's jurisdiction considered under Section 90 of the Employment Act and the Limitation of Actions Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya County Government Workers Union v Kiambu County Government & another [2020] KEELRC 786 (KLR)", Case Analysis (2020). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/786/eng@2020-06-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.