M’Rithaa v Inspector General of the National Police Service & 3 others (Employment and Labour Relations Cause E540 of 2020) [2023] KEELRC 1616 (KLR)
The bottom line
#A Kenyan court struck out a police officer's unfair dismissal claim filed ten years late, confirming that time-barred employment suits against government bodies cannot proceed.
What this practically means
#Executive summary
#Key legal issues
#Whether the claim was filed outside the statutory limitation period
Yes; the cause of action arose on the date of dismissal (July 6, 2010) and the suit filed on September 17, 2020 was about 10 years late, barred under both limitation statutes
The cause of action in an employment dismissal claim accrues on the date of dismissal. Section 3(2) of the Public Authorities Limitations Act bars contract claims against the Government after three years; alternatively Section 4(1)(a) of the Limitation of Actions Act bars contract actions after six years. The claim was filed about 10 years after dismissal, exceeding both periods, with no extension of time sought.
Whether the respondents are subject to the Public Authorities Limitations Act
Yes; the 3rd respondent is a Government department, the 4th is the Attorney General, and the 1st and 2nd respondents hold offices within the Government
Section 2 of the Act defines proceedings against the Government to include proceedings against the Attorney General, government departments or public officers. The claimant's argument that the respondents fall under Commissions outside the statute was rejected as an alternative; even if the Act did not apply, the six-year period under the Limitation of Actions Act still barred the claim.
Legal principles established
#- A suit founded on an employment contract against the Government cannot be brought after three years from the accrual of the cause of action under Section 3(2) of the Public Authorities Limitations Act, or after six years under Section 4(1)(a) of the Limitation of Actions Act.
- Once a claim is time barred, the court lacks jurisdiction to hear and determine it.
Court orders
#- 1.The Claim dated September 16, 2020 and filed on September 17, 2020 is struck out for being time barred
- 2.Each party shall bear its own costs
- Jurisdiction invoked
- Article 162(2) jurisdiction of the Employment and Labour Relations Court (inferred); limitation under the Public Authorities Limitations Act and the Limitation of Actions Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "M’Rithaa v Inspector General of the National Police Service & 3 others (Employment and Labour Relations Cause E540 of 2020) [2023] KEELRC 1616 (KLR)", Case Analysis (2023). Not stated in judgment (Statement of Claim dated September 16, 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1616/eng@2023-06-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.