Kiambi v Nairobi City County Government (Miscellaneous Application E262 of 2023) [2024] KEELRC 1132 (KLR)
The bottom line
#Kenya's Employment Court confirmed it cannot extend the three-year deadline for filing employment claims—miss it, and your claim dies, however sympathetic.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court can extend time for filing an employment claim
No discretion exists to extend the limitation period for claims arising from employment under Section 90 of the Employment Act
Section 90 of the Employment Act ousts the general extension discretion under Section 4(1) of the Limitation of Actions Act for employment and contract of service claims. The Court of Appeal in Beatrice Kahai Adagala v Postal Corporation of Kenya held the provision is mandatory and that extension is only possible in tort claims under sections 27 and 28 of the Limitation of Actions Act. As that decision binds this Court, the intended claim, filed well beyond three years, is statute barred and leave cannot be granted.
Legal principles established
#- Section 90 of the Employment Act is in mandatory terms; a claim based on a contract of employment must be filed within 3 years and the limitation period is never extended in matters based on contract
Court orders
#- 1.The application dated October 3, 2023 is declined
- 2.Each party to bear their own costs
- Jurisdiction invoked
- Section 90 of the Employment Act; application for leave to file suit out of time
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kiambi v Nairobi City County Government (Miscellaneous Application E262 of 2023) [2024] KEELRC 1132 (KLR)", Case Analysis (2024). NBI. ELRC. NO. E262 OF 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1132/eng@2024-05-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.