Kenya Chemical Workers Union v Rhombus Concrete Ltd [2020] KEELRC 1264 (KLR)
The bottom line
#Kenya's Employment Court confirmed that the three-year deadline to sue over dismissal keeps running even while parties are in conciliation.
What this practically means
#Executive summary
#Key legal issues
#Limitation under section 90 of the Employment Act
The claim was incurably time-barred as it was filed over three years after the August 2016 terminations
Section 90 prescribes a three-year limitation period for disputes arising out of a contract of service. All grievants were dismissed in August 2016, so suit should have been filed by end of August 2019. Although the first conciliator's appointment was recalled for delay and a new conciliator issued a report on 10 September 2018, the Union still had about a year remaining and gave no explanation for waiting until October 2019 to file.
Effect of conciliation on limitation
Conciliation does not suspend the running of the limitation period
Relying on the Court of Appeal's decision in Rift Valley Railways (Kenya) Ltd v Hawkins Wagunza Musonye, the court held that while alternative dispute resolution is encouraged, it must be court-based and conducted within the law; parties engaging in out-of-court negotiations must still bear section 90 in mind. The claim went stale three years from termination.
Legal principles established
#- Time does not stop running during out-of-court conciliation or negotiation; the three-year limitation under section 90 of the Employment Act continues to run
Court orders
#- 1.The Preliminary Objection is upheld and the Cause is struck out
- 2.No order on costs
- Jurisdiction invoked
- Original jurisdiction under the Employment Act and Labour Relations Act (specific enabling provision not stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Chemical Workers Union v Rhombus Concrete Ltd [2020] KEELRC 1264 (KLR)", Case Analysis (2020). Not stated in the judgment excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1264/eng@2020-04-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.