Mwei v National Cereals & Produce Board (Employment and Labour Relations Cause E004 of 2022) [2023] KEELRC 381 (KLR)
The bottom line
#Kenya's Employment Court struck out a wrongful dismissal claim filed six years late, confirming employment claims must be filed within three years—no extensions allowed.
What this practically means
#Executive summary
#Key legal issues
#Whether the court has jurisdiction to enlarge time under Section 90 of the Employment Act
Section 90 of the Employment Act is in mandatory terms; a claim based on a contract of employment must be filed within three years and the court has no jurisdiction to extend time
The claimant's cause of action accrued on the date of termination, 8th February 2016, as stated in the letter of dismissal. The statement of claim was filed on 22nd March 2022, over six years later, far beyond the three-year statutory window. The court applied the Court of Appeal's holding in Beatrice Kahai Adagala v Postal Corporation of Kenya that Section 90 is mandatory, and John Kiiru Njiiri holding that the limitation period is never extended in employment matters, unlike tort claims under Sections 27 and 28 of the Limitation of Actions Act.
Legal principles established
#- A claim based on a contract of employment must be filed within three years under Section 90 of the Employment Act, and that limitation period cannot be extended
Court orders
#- 1.The respondent's preliminary objection is upheld
- 2.The claimant's claim filed on March 22, 2022 is struck out as incompetent on account of limitation of time
- 3.Each party to bear its own costs
- Jurisdiction invoked
- Article 162(2) Constitution / Employment and Labour Relations Court Act (inferred from court; judgment cites Section 90 of the Employment Act, 2007)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwei v National Cereals & Produce Board (Employment and Labour Relations Cause E004 of 2022) [2023] KEELRC 381 (KLR)", Case Analysis (2023). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/381/eng@2023-02-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.