King’oo v PCEA Kikuyu Hospital & another (Cause 1150 of 2018) [2023] KEELRC 845 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the claim was barred by limitation under Section 90 of the Employment Act
Yes - time began running in April 2015 when the Claimant stopped working and was not paid; the claim filed on 6th July 2018 was out of time and incompetent, and was struck out
The court applied Section 90 of the Employment Act, which in mandatory terms requires claims arising from a contract of service to be instituted within three years. Relying on the Court of Appeal decision in Beatrice Kahai Adagala v Postal Corporation of Kenya, the court held that it lacks jurisdiction to extend time for contract-based employment claims; extension is only possible in tort claims under Sections 27 and 28 of the Limitation of Actions Act. Since the Claimant ceased working and being paid in April 2015, the claim should have been filed by end of April 2018.
Whether the 1st Respondent is a legal entity capable of being sued and whether an employment relationship existed with the 2nd Respondent
Not determined - the limitation finding disposed of the claim, rendering further consideration unnecessary
The Respondents raised three competency objections: limitation, lack of legal capacity of the 1st Respondent, and absence of an employment relationship with the 2nd Respondent. Because the limitation objection succeeded, the court did not adjudicate the remaining objections or the merits of the termination and discrimination allegations.
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 the court has no jurisdiction to extend time for such claims
Court orders
#- 1.The Claimant's claim is struck out for being filed out of time
- 2.Each party to bear their own costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act (claim arising out of a contract of service); limitation governed by Section 90 of the Employment Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "King’oo v PCEA Kikuyu Hospital & another (Cause 1150 of 2018) [2023] KEELRC 845 (KLR)", Case Analysis (2023). Not stated in the judgment text provided (Statement of Claim dated 2nd July 2018, amended 10th September 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/845/eng@2023-04-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.