Osiemo v Radar Limited (Cause 196 of 2018) [2023] KEELRC 673 (KLR)
The bottom line
#Kenya's Employment and Labour Relations Court dismissed a claim filed over four years late because employment claims must be filed within three years.
What this practically means
#Executive summary
#Key legal issues
#Whether the claim is barred by limitation under section 90 of the Employment Act
Yes. The cause of action arose on or about November 11, 2003 when the Claimant's employment was terminated, and the suit was filed about 4½ years later, well beyond the three-year limitation period
Paragraph 4 of the plaint disclosed the cause of action and its date. The court invoked section 90 of the Employment Act, which requires employment-based claims to be filed within three years of the act, neglect or default complained of. Applying its earlier reasoning in Lawrence Gachau Kihu v County Government of Nairobi, the court held the three-year period under section 90 displaced the six-year period under section 4(1) of the Limitation of Actions Act. The parties did not raise the point, but jurisdiction being fundamental, the court addressed it on its own motion.
Legal principles established
#- Section 90 of the Employment Act ousts section 4(1) of the Limitation of Actions Act and reduces the limitation period for employment claims from six to three years
- A court may raise and determine a jurisdictional limitation issue sua sponte even where parties did not plead or canvass it
Court orders
#- 1.The suit is dismissed as time-barred
- 2.Each party to bear its own costs
- Jurisdiction invoked
- Section 90 of the Employment Act, 2007 (limitation of employment claims), the matter having been transferred from the Chief Magistrate's Court to the ELRC
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Osiemo v Radar Limited (Cause 196 of 2018) [2023] KEELRC 673 (KLR)", Case Analysis (2023). Nairobi/Milimani Commercial Courts Civil Suit No 3011 of 2008 (transferred via ELRC Miscellaneous Application No 81 of 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/673/eng@2023-03-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.