Dedan N. Wanjohi v Kenya Revenue Authority & another [2022] KEELRC 360 (KLR)
The bottom line
#Kenya's Employment Court confirmed it cannot extend the three-year deadline for filing employment claims, no matter how sympathetic the reasons for delay.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELRC has jurisdiction to grant leave to file suit out of time in a claim arising out of the Employment Act or a contract of service
It does not; Section 90 of the Employment Act is mandatory and admits no extension of time for such claims
The court held that termination was communicated on 18th June 2003, when the cause of action accrued and time began running. Section 90 of the Employment Act, 2007 expressly disapplies Section 4(1) of the Limitation of Actions Act and mandatorily pegs limitation at three years without provision for extension. Being statute-barred, the court lacks discretion to enlarge time regardless of the sympathy the delay might attract.
Whether the intended malicious prosecution claim against the DPP could be saved
No; such claim is governed by the twelve-month limitation in Section 3(1) of the Public Authorities Limitation Act, which cannot be extended for claims not based on negligence, nuisance or breach of duty
The applicant intended to also sue the Director of Public Prosecutions for damages for malicious prosecution. Section 3(1) of the Public Authorities Limitation Act bars tort proceedings against government after twelve months. Section 6 of that Act read with Section 27 of the Limitation of Actions Act permits extension only for claims founded on negligence, nuisance or breach of duty, none of which applies to malicious prosecution.
Legal principles established
#- A court can only exercise jurisdiction conferred by the Constitution or written law and cannot arrogate to itself jurisdiction exceeding that conferred by law
- Section 90 of the Employment Act, 2007 is in mandatory terms; claims arising out of the Act or a contract of service must be filed within three years and the period cannot be extended
- Limitation periods in contract-based employment claims cannot be extended; extension is available only in tort claims under Sections 27 and 28 of the Limitation of Actions Act
- Proceedings founded on tort against the government or a local authority must be brought within twelve months under Section 3(1) of the Public Authorities Limitation Act, and that period is not extendable for claims not based on negligence, nuisance or breach of duty
Court orders
#- 1.The Applicant's application for leave to file suit out of time is dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (cause arising out of contract of service); application originally filed in the High Court and transferred vide the High Court's Ruling dated 15th May 2014
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Dedan N. Wanjohi v Kenya Revenue Authority & another [2022] KEELRC 360 (KLR)", Case Analysis (2022). Originating Summons dated 3rd September 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/360/eng@2022-03-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.