Lucy Chepkemoi v Sotik Tea Company Limited [2021] KEELRC 874 (KLR)
The bottom line
#Kenya's Employment Court ruled that disability discrimination claims can be filed as constitutional petitions without the three-year Employment Act time limit.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELRC over a constitutional petition arising from employment
The court has jurisdiction over the petition since it arises from an employer-employee relationship, irrespective of its framing as a petition rather than a cause
The court noted that the petitioner alleged infringement of her constitutional rights by her employers. Relying on Article 162(2) of the Constitution and Section 12 of the Employment and Labour Relations Act, it held that jurisdiction extends to any matter arising out of an employer-employee relationship, whether pleaded as a cause or a petition.
Whether section 90 of the Employment Act limits the time for filing a constitutional petition on employment rights
There is no limitation period for constitutional petitions alleging violation of fundamental rights; section 90 of the Employment Act does not bar such a petition
Adopting the reasoning in Joan Akinyi Kaba Sella, the court held that limitation statutes do not apply to constitutional petitions enforcing fundamental rights. The delay between the 2017 dismissal and the 2020 filing was not inordinate in the circumstances of a constitutional petition, so the preliminary objection on limitation failed.
Whether the preliminary objection should be determined first
Yes; the preliminary objection touching on jurisdiction was properly determined before the hearing of the petition
The court found it necessary to decide the preliminary objection first since it challenged the court's jurisdiction, and heard it by way of written submissions from both parties before ruling on it.
Legal principles established
#- Courts have consistently held that there is no limitation period with respect to constitutional petitions alleging violation of fundamental rights, though the court may consider inordinate delay when deciding whether to grant relief
- The ELRC has jurisdiction over any matter arising out of an employer-employee relationship, including constitutional petitions alleging infringement of rights in the course of employment
Court orders
#- 1.The preliminary objection is dismissed
- 2.The petition to proceed on merit before the Judge in Kericho
- 3.Costs in the petition
- Jurisdiction invoked
- Article 162(2) of the Constitution of Kenya 2010 and Section 12 of the Employment and Labour Relations Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (3)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Ndung’u v Safaricom Kenya PLC Limited (Cause E6492 of 2020) [2025] KEELRC 181 (KLR)[2025] KEELRC 181 (KLR)31 Jan 2025followed
- Seth & 2 others v Ministry of Interior and Coordination of National Government & 3 others (Petition E001 of 2024) [2024] KEELRC 1614 (KLR)[2024] KEELRC 1614 (KLR)26 Jun 2024applied
- Imbuga v Nairobi Bottlers Limited (Cause 267 of 2020) [2022] KEELRC 4131 (KLR)[2022] KEELRC 4131 (KLR)30 Jun 2022applied
Cite this brief
#Cite this brief
Caselaw, "Lucy Chepkemoi v Sotik Tea Company Limited [2021] KEELRC 874 (KLR)", Case Analysis (2021). Petition filed 27th November, 2020 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/874/eng@2021-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.