Paul Mutua Mang’eng’e v New Kimutwa Butchery Limited [2020] KEELRC 1654 (KLR)
The bottom line
#Kenya's Employment Court struck out a six-year-old work dispute because Section 90 gives you only three years to sue.
What this practically means
#Executive summary
#Key legal issues
#Whether the preliminary objection was a proper pure point of law
The objection was valid; the claimant's own pleadings unequivocally established that he was last in employment in 2009, so no facts needed to be ascertained
The claimant argued that whether he absconded or was terminated was a factual dispute unfit for a preliminary objection. The court rejected this, holding that paragraphs 8, 11 and 12 of the memorandum of claim show the claimant was last employed in 2009 and never pleaded returning to work. A demand letter cannot found a cause of action. The NSSF record showing last contribution in May 2009 corroborated the pleadings.
Whether the claim was statute barred under Section 90 of the Employment Act
The cause of action accrued in 2009; the suit filed on 21 September 2015 was about six years late and therefore statute barred
Section 90 requires that civil actions arising out of the Employment Act or a contract of service be commenced within three years of the act, neglect or default. The cause of action arose in 2009 when the claimant was told to proceed on unpaid leave. The suit was filed in 2015. The Labour Officer's report also found the claims time barred. The court had no jurisdiction over the late claim.
Legal principles established
#- A suit founded on a contract of service must be commenced within three years of the act, neglect or default complained of; suits filed beyond that period are statute barred and the court has no jurisdiction to entertain them
- Where the pleadings themselves show the date the cause of action accrued, limitation may be determined as a pure point of law on a preliminary objection
Court orders
#- 1.The preliminary objection succeeds
- 2.The suit is found statute barred and is struck out
- 3.No orders for costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (Section 90 on limitation invoked); matter arising from a contract of service
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Paul Mutua Mang’eng’e v New Kimutwa Butchery Limited [2020] KEELRC 1654 (KLR)", Case Analysis (2020). Not stated in the judgment text provided (memorandum of claim dated 30 July 2015, filed 21 September 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1654/eng@2020-02-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.