Isandula v Friends Church (Quakers) Nairobi Yearly Meeting (Civil Appeal 35 of 2019) [2023] KEELRC 2513 (KLR)
The bottom line
#A Kenyan court confirmed that salary arrears claims must be filed within 12 months of each unpaid period, not from retirement.
What this practically means
#Executive summary
#Key legal issues
#Limitation of continuing injury claims under Section 90 of the Employment Act
Salary arrears claims based on specific pleaded periods do not accrue on retirement; they accrued on the pleaded dates and are statute barred if filed outside the 12-month window.
Section 90 provides a 3-year limitation for actions under the Employment Act or a contract of service, and 12 months for continuing injury or damage from cessation thereof. The court read the provision to mean that a continuing-injury claim must be lodged within twelve months of the last episode of violation. Because the Appellant's own Memorandum of Claim specified arrears for 1987-1999, those were the accrual dates, not the 30th October 2018 retirement date, so the trial Magistrate correctly struck them out as statute barred.
Legal principles established
#- A party laying a claim of continuing injury or damage under Section 90 of the Employment Act must do so within twelve months after the last episode of violation, which may or may not coincide with the date of leaving employment.
- The dates pleaded in a Memorandum of Claim, not the retirement date, constitute the accrual dates of claims for salary arrears.
Court orders
#- 1.The decision by the trial court upholding the Preliminary Objection raised by the Respondent is confirmed
- 2.The appeal is dismissed
- 3.The costs of this appeal will abide with the outcome of the trial in the lower court
- On appeal from
- Chief Magistrate's Court (Milimani)
- Milimani CMEL No 151 of 2019
- Jurisdiction invoked
- First appellate jurisdiction over the subordinate court ruling (Employment and Labour Relations Court Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Isandula v Friends Church (Quakers) Nairobi Yearly Meeting (Civil Appeal 35 of 2019) [2023] KEELRC 2513 (KLR)", Case Analysis (2023). Milimani CMEL No 151 of 2019 (appeal therefrom). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2513/eng@2023-10-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.