Fredrick Omondi Buoga v Crown Berger Kenya Limited [2020] KEELRC 923 (KLR)
The bottom line
#Kenya's Employment Court confirmed you have only three years from dismissal to sue, even if a related criminal case is still ongoing.
What this practically means
#Executive summary
#Key legal issues
#Whether the claim filed on 25/9/2015 was time barred under section 90 of the Employment Act
The claim was time barred; the cause of action arose upon termination of employment in 2008, not upon withdrawal of the criminal case in 2012
Section 90 of the Employment Act requires that civil actions arising out of the Act or a contract of service be commenced within three years of the act, neglect or default complained of. The cause of action in an employment matter arises upon dismissal, not upon the subsequent outcome of criminal proceedings based on similar facts. The claimant's suit, filed four years after termination, was therefore incompetent and was dismissed in its entirety.
Legal principles established
#- An employment claim must be filed within three years of the cause of action arising, and the limitation period runs from termination of employment, not from the termination of related criminal proceedings
Court orders
#- 1.The Claim is dismissed in its entirety for want of time
- 2.No order of costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, section 90 raised on limitation
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Fredrick Omondi Buoga v Crown Berger Kenya Limited [2020] KEELRC 923 (KLR)", Case Analysis (2020). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/923/eng@2020-05-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.