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ELRCDismissedNot stated in judgment· [2020] KEELRC 1549 (KLR)

Andrew Shisala Angalushi v West Kenya Sugar Company Limited [2020] KEELRC 1549 (KLR)

Employment and Labour Relations Court of Kenya
20 February 2020
MNMathews N. Nduma
1,063 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Employment Court confirmed that Kenyan employment-related injury claims must be filed within three years, and courts cannot extend that deadline.

What this practically means

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Executive summary

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This first-instance appeal before the Employment and Labour Relations Court, decided by Mathews N. Nduma J on 20th February 2020, challenged a ruling by Evans W. Muleka, Senior Resident Magistrate, delivered on 8th March 2018 in the Principal Magistrate's Court at Butali. The Appellant had sued the Respondent for special and general damages for finger injuries sustained on 20th August 2013 while feeding a boiler with sugar residue in the course of his employment, alleging negligence. The Respondent pleaded that the suit, filed on 27th July 2017, was time barred. The trial magistrate found the claim founded on tort and barred by the three-year period in Section 4(2) of the Limitation of Actions Act, Cap 22, the ruling affecting 19 other suits as well. On appeal, the Appellant argued the claim sounded in contract, attracting the six-year period under Section 4(1). Nduma J affirmed the trial magistrate, holding the cause of action was founded primarily on tort since damages were sought for personal injury, and that the claim was in any event grounded on the Work Injury Benefits Act rather than the Employment Act. The court further held that even if the suit were contractual, Section 90 of the Employment Act imposes a three-year limitation that no court has jurisdiction to extend, following the Court of Appeal in Attorney General v Andrew Maina Githinji and Ongaya J in Nicodemus Marah v Timsales Limited. The appeal was dismissed with no order as to costs, each party bearing their own costs, the costs finding extending to all 19 suits.

Key legal issues

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01

Whether the cause of action was founded on tort or contract

Holding

The cause of action was founded primarily on tort, as the plaintiff sought special and general damages for injuries sustained in the course of employment

Reasoning

The court analysed the plaint and agreed with the trial magistrate. Although the claim arose within an employment relationship, the relief sought was damages for personal injury, which sounds in tort. The magistrate correctly found the claim was grounded on the Work Injury Benefits Act (Cap 236) rather than the Employment Act, which governs claims for breach of contractual obligations arising from employment relationships.

p. 1
02

Whether the suit was time barred

Holding

The suit was time barred under Section 4(2) of the Limitation of Actions Act, and would equally have been barred under Section 90 of the Employment Act even if founded on contract

Reasoning

The cause of action arose on 20th August 2013 and the suit was filed on 27th July 2017, about 3 years and 11 months later, exceeding the three-year tort limitation period. Even on a contract characterisation, Section 90 of the Employment Act prescribes a three-year period which no court may extend, per the Court of Appeal in Attorney General v Andrew Maina Githinji and Byram Ongaya J in Nicodemus Marah v Timsales Limited.

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Legal principles established

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  • A suit based on an employment contract cannot be filed after the expiry of the three-year limitation period under Section 90 of the Employment Act, notwithstanding Section 4(1) of the Limitation of Actions Act
  • A court has no jurisdiction to extend the limitation period for suits based on employment contracts and must strike out such suits filed out of time

Court orders

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  1. 1.The Appeal is dismissed for lack of merit
  2. 2.Each party to bear their own costs of the suit, applicable also to all 19 suits listed in the ruling

Authorities

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Legislation

  • Employment ActSection 90
  • Limitation of Actions Act, Cap 22Section 4(1)
  • Limitation of Actions Act, Cap 22Section 4(2)
  • Work Injury Benefits Act, Cap 236Not specified

Cases cited (2)

  • The Hon. The Attorney General and another vs Andrew Maina Githinji and another
    (2016) eKLR
  • Nicodemus Marah vs Timsales Limited
    Cause No. 204 of 2013
On appeal from
Principal Magistrate's Court at Butali
Not stated in judgment
Jurisdiction invoked
Appellate jurisdiction over appeals from the magistrates' court in employment matters (statutory basis not expressly cited in the judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Andrew Shisala Angalushi v West Kenya Sugar Company Limited [2020] KEELRC 1549 (KLR)", Case Analysis (2020). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1549/eng@2020-02-20

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