Kenya Union of Domestic, Hotels, Educational Institution & Hospital Workers v Murang’a University of Technology (Cause E057 of 2021) [2023] KEELRC 1271 (KLR)
The bottom line
#The Employment Court struck out a union's claim for terminal benefits because it was filed about eight years after the claims arose, far past Kenya's three-year employment claim deadline.
What this practically means
#Executive summary
#Key legal issues
#Whether John Munene's claim is res judicata
Yes - his claim for gratuity and dues was determined in Cause No. E015 of 2020 by Marete J and that judgment was not appealed against
John Munene, the sole employee who did not transition, had already sued in ELRC Cause No. E015 of 2020 claiming unfair termination compensation and service gratuity for 32 years. That suit was determined by a judgment of Marete J dated 28th September 2022 and was never appealed. His claim in the present suit for 31 years' gratuity and termination dues was directly and substantially in issue, between related parties, and conclusively determined by a competent court, hence res judicata.
Whether the suit is time barred under section 90 of the Employment Act
Yes - the claims accrued in 2013 upon transition and the suit filed on 1st December 2021 was about 8 years late
Section 90 of the Employment Act mandates that claims arising out of the Act or a contract of service be filed within three years. The grievants sought benefits that accrued in 2013 when MCT transitioned to a university. The suit was filed on 1st December 2021, roughly 8 years later. The claimant's argument that gratuity became payable only when the new employment ended had no evidentiary support and was an afterthought. Being statute-barred, the suit robbed the court of jurisdiction.
Whether the reliefs sought should be granted
Not determined - the suit was struck out for being time barred before merits could be reached
Having found the suit time barred and the court deprived of jurisdiction, the court declined to determine entitlement to gratuity, severance pay, salary in lieu of notice or damages. It observed there was no evidence of when the transferred liabilities became payable and that the union ought to have negotiated for the benefits at transition, since courts cannot rewrite contracts for parties.
Legal principles established
#- Claims based on contract of employment must be instituted within three years under section 90 of the Employment Act, and limitation cannot be extended in contractual matters
- Where a suit is time barred, the court lacks jurisdiction to determine it
- Res judicata elements must be satisfied conjunctively
Court orders
#- 1.The suit is struck out for being time barred
- 2.Each party to bear own costs (claimant not condemned to costs since suit not determined on merits)
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act and Labour Relations Act (ELRC), suit on terminal benefits arising from a contract of service
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic, Hotels, Educational Institution & Hospital Workers v Murang’a University of Technology (Cause E057 of 2021) [2023] KEELRC 1271 (KLR)", Case Analysis (2023). ELRC Cause (Nyeri), Claimant's Amended Memorandum of Claim of 30th May 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1271/eng@2023-05-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.