Kenya Plantation & Agricultural Workers Union v Unliver Tea Kenya Limited (Kimugu Factory) [2022] KEELRC 986 (KLR)
The bottom line
#A Kenyan court struck out unfair dismissal suits filed over three years late, showing employment claims have a strict three-year deadline with no extensions.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit was time barred under section 90 of the Employment Act
Yes; the dismissal occurred on 8.12.2016 and the suit was filed on 18.2.2020, 4 years and 3 months later, exceeding the three-year limitation period.
Section 90 of the Employment Act requires civil actions arising from employment or contract of service to be commenced within three years. The court found the cause of action arose on 8.12.2016 upon dismissal and the suit filed on 18.2.2020 was time barred. The court held limitation is substantive, touching jurisdiction, and it cannot enlarge the period, so the consolidated suits were struck out.
Whether the dismissal of the grievants was unfair and unlawful
Not determined; the suits were struck out for being time barred before this issue was reached.
Although the court framed the fairness of dismissal as an issue and recorded extensive evidence on the LOTO safety procedures and disciplinary process, it disposed of the suits on limitation grounds alone. The fairness question and the merits of the reliefs were therefore left undecided.
Legal principles established
#- An employment suit must be commenced within three years of the act complained of under section 90 of the Employment Act, and limitation is a jurisdictional, not merely procedural, bar
- A court lacks jurisdiction to enlarge the limitation period for suits founded on employment contracts
- Objections to jurisdiction should be raised at the earliest opportunity
Court orders
#- 1.Struck out the two consolidated suits for being time barred
- 2.Each party to bear its own costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act; suit founded on contract of service and trade dispute
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Plantation & Agricultural Workers Union v Unliver Tea Kenya Limited (Kimugu Factory) [2022] KEELRC 986 (KLR)", Case Analysis (2022). Cause No. 10 of 2020 (Consolidated with Case No. 11 of 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/986/eng@2022-01-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.