Njau & 44 others v University of Nairobi & another (Cause 616 of 2017) [2023] KEELRC 104 (KLR)
The bottom line
#The Employment Court struck out a Kshs 8.6 million claim against the University of Nairobi because it was filed about six years after the three-year legal deadline.
What this practically means
#Executive summary
#Key legal issues
#Whether the claim is statute barred under section 90 of the Employment Act
Yes - the cause of action arose on July 1, 2011 when the claimants were informed payment was not approved; suit filed March 30, 2017 was about six years later and time barred
The court held the cause of action accrued when the respondents made a definite decision not to pay and communicated it. The letter of July 1, 2011 from the Managing Director of UNES informed the claimants the Vice Chancellor had not approved payment. The claimants' own reply of July 20, 2011 acknowledged this. The suit filed on March 30, 2017 exceeded the three-year limit; the claimed continuing injury did not extend time.
Whether the court could proceed to the substantive claim
No - limitation goes to jurisdiction, so the second issue could not be determined
Relying on Thuranira Karauri v Agnes Ncheche, the court held that once a claim is time barred, the court lacks jurisdiction to entertain it, and therefore the question of entitlement to the Kshs 8,632,115.60 could not be reached. The claim was accordingly struck out rather than dismissed on the merits.
Legal principles established
#- Employment claims must be instituted within three years of the act, neglect or default complained of, and continuing injuries within twelve months of cessation (section 90, Employment Act)
- A cause of action arises when the claimant knows of the definite decision refusing payment; limitation goes to jurisdiction
Court orders
#- 1.The Claim dated March 21, 2017 and filed on March 30, 2017 is struck out for being time barred
- 2.Each party shall bear its own costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, section 90 (Limitation of Actions Act (Cap. 22) referenced therein)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njau & 44 others v University of Nairobi & another (Cause 616 of 2017) [2023] KEELRC 104 (KLR)", Case Analysis (2023). Claim dated March 21, 2017 (filed March 30, 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/104/eng@2023-01-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.