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ELRCStruck OutNot stated in judgment (Cause filed 15 May 2023)· [2023] KEELRC 2498 (KLR)

Isanda v Diamond Trust Bank (K) Ltd (Cause E024 of 2023) [2023] KEELRC 2498 (KLR)

Employment and Labour Relations Court
18 October 2023
RSRadido Stephen
524 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~2 min to read original · ~4 min brief

The bottom line

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A Kenyan court struck out an employment claim filed more than three years after the employee left, confirming that late claims cannot be revived.

What this practically means

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Executive summary

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The Claimant, as legal representative of Isabelah Kenana Kaberia (deceased), sued Diamond Trust Bank (K) Ltd on 15 May 2023 alleging breach of the employment contract, claiming terminal dues and lost income. The Respondent filed a Response and a Notice of Preliminary Objection contending that the claim was time-barred under section 90 of the Employment Act, No. 11 of 2007, since employment had terminated on 12 June 2018. The Claimant then amended the Memorandum of Claim to add a cause of action based on the right to access information, seeking an order compelling the Respondent to provide a copy of its Human Resources Manual, and filed a Reply. After inviting and considering submissions from both parties, the Court found that the deceased had resigned on 23 May 2018 and the resignation was accepted by letter dated 12 June 2018; under section 90 the Claimant had 3 years from separation to sue, but suit was filed on 15 May 2023, well outside that period. The Court held the cause of action had become stale. As to the access-to-information claim, the Court noted the Claimant had not disclosed when or how a demand for the Human Resources Manual was made, and that the Manual would be of little assistance to a cause that had become legally stale. The Court struck out the Cause with costs to the Respondent.

Key legal issues

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01

Limitation under section 90 of the Employment Act

Holding

The breach-of-contract claim was statute-barred as it was filed more than 3 years after termination of employment on 12 June 2018, having been filed on 15 May 2023

Reasoning

The deceased resigned on 23 May 2018 and the resignation was accepted by letter dated 12 June 2018. Section 90 allows 3 years from accrual of the cause. The claim for terminal dues and lost income accrued at separation but suit was filed on 15 May 2023, beyond the limitation period, rendering the cause stale.

p. 2
02

Whether the amended claim based on the right to access information cures the limitation defect

Holding

It does not; no demand was disclosed and the Manual would not assist a stale cause

Reasoning

The Claimant introduced the access-to-information cause through an Amended Memorandum of Claim seeking the Respondent's Human Resources Manual. The Court found no evidence of when or how a demand was made, and held that even if the Manual was needed to pursue terminal benefits, it could not revive a cause of action that had become legally stale.

Legal principles established

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  • Claims for unfair termination and/or breach of the employment contract must be commenced within 3 years of the cause of action accruing under section 90 of the Employment Act, 2007

Court orders

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  1. 1.The Cause is struck out with costs to the Respondent

Authorities

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Legislation

  • Employment Actsection 90
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act, No. 11 of 2007

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Isanda v Diamond Trust Bank (K) Ltd (Cause E024 of 2023) [2023] KEELRC 2498 (KLR)", Case Analysis (2023). Not stated in judgment (Cause filed 15 May 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2498/eng@2023-10-18

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.