Kenya Union of Domestic, Hotels, Education Institutions & Hospital Workers v Vice Chancellor, Maseno University (Cause E052 of 2022) [2023] KEELRC 2121 (KLR)
The bottom line
#A Kenyan employment claim filed six years after dismissal was struck out because the law gives you only three years to sue after termination.
What this practically means
#Executive summary
#Key legal issues
#Whether the claim is statute barred under Section 90 of the Employment Act
Yes - the grievant was dismissed on 11th May 2017 and the suit filed on 8th December 2022 is time barred; the court lacks jurisdiction over a time-barred suit.
The court applied the settled position that accrual runs from the date of termination in the termination letter, not the conclusion of internal reviews or conciliation. The grievant's own 2018 letters referencing unfair termination confirmed knowledge of dismissal, and no evidence showed he continued earning salary after May 2017. The claim, filed about six years later, exceeded the three-year limitation period, depriving the court of jurisdiction.
Whether the claim should have been lodged before the Magistrates' Court
No - although the grievant's salary was within the gazetted pecuniary limits, a suit lodged by a union is a labour matter reserved for the ELRC.
The court acknowledged Gazette Notice No. 6024 appointing magistrates of the rank of Senior Resident Magistrate and above to hear employment matters within a pecuniary limit of Kshs. 80,000 gross monthly salary, and the grievant's pay of Kshs. 35,121 fell within it. However, it held the delegation covers employment matters, not labour matters, and this union-filed suit is a labour matter within the ELRC's pecuniary jurisdiction.
Legal principles established
#- The cause of action in employment claims accrues on the date of termination/dismissal as stated in the termination letter, not upon conclusion of internal disciplinary or conciliation processes
- A court has no jurisdiction to entertain a suit that is time barred under Section 90 of the Employment Act
- Matters delegated to the Magistrates' Court under Gazette Notice No. 6024 are employment matters, not labour matters filed by unions
Court orders
#- 1.The Preliminary Objection is upheld
- 2.The Claimant's suit is struck out
- 3.No orders as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act and the Labour Relations Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic, Hotels, Education Institutions & Hospital Workers v Vice Chancellor, Maseno University (Cause E052 of 2022) [2023] KEELRC 2121 (KLR)", Case Analysis (2023). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2121/eng@2023-09-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.