Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers v Kenyatta National Hospital (Cause 673 of 2019) [2023] KEELRC 2622 (KLR)
The bottom line
#A Nairobi court struck out a claim for withheld salary of over Kshs 2 million because it was filed more than three years late, and conciliation delays did not save it.
What this practically means
#Executive summary
#Key legal issues
#Whether the claim was caught by the three-year limitation period under section 90 of the Employment Act
The claim was statute barred. The cause of action over withheld salary and allowances accrued on 4th August 2016 when the grievant was reinstated, and the claim filed in October 2019 fell outside the three-year window, which cannot be extended.
The court held limitation is a point of law touching jurisdiction, to be resolved before the merits. Efforts at conciliation did not suspend or extend the limitation period because the cause of action accrued the moment the grievant was reinstated without payment of the withheld salary and allowances. Section 90 is couched in mandatory terms and once the three years lapse, the period cannot be extended. The court was therefore moved to strike out the suit.
Whether conciliation efforts extended the limitation period
No - conciliation efforts did not matter to the accrual of the cause of action.
The claimant relied on the failed conciliation process as a reason the claim was timely, having reported the trade dispute in 2017 and a conciliator having been appointed. The court rejected this, holding that it matters not that there were efforts to conciliate; the cause of action accrued upon reinstatement without withheld salary and allowances, so the limitation clock was unaffected by the conciliation.
Legal principles established
#- Limitation is a matter of law going to jurisdiction and must be dealt with in limine; the court cannot consider the merits of a claim once satisfied it lacks jurisdiction.
- Where a cause of action relates to withheld salary and allowances, it accrues on the date of reinstatement without payment, and the three-year period under section 90 of the Employment Act runs from that date.
Court orders
#- 1.The suit is struck out for being statute barred
- 2.No order as to costs
- Jurisdiction invoked
- Employment and labour relations jurisdiction under Article 162(2) of the Constitution; the claim was a trade dispute reported to the Minister under the Labour Relations framework (dispute referred to conciliation)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers v Kenyatta National Hospital (Cause 673 of 2019) [2023] KEELRC 2622 (KLR)", Case Analysis (2023). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2622/eng@2023-10-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.