Kisii University v Orere (Appeal E022 of 2023) [2024] KEELRC 1247 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Limitation of claims under section 90 of the Employment Act
Only claims up to April 2016 (Kshs 95,000/-) were time-barred; claims from May 2016 to May 2017, sued on 27 May 2019, were within the three-year prescription.
The Respondent claimed breach of contract for unpaid remuneration up to May 2017 and filed suit on 27 May 2019. The three-year period under section 90 of the Employment Act, 2007 therefore covered the claims from May 2016 onwards. The trial Magistrate correctly struck out only the earlier claims amounting to Kshs 95,000/-.
Proof of the claim for Kshs 606,336/13 despite internal claim-processing procedures
The claim was proved: the Appellant admitted the head of claim, made part-payments in April and December 2017 (which presupposed submission of a claim), and the Circular on claims processing was introduced only in September 2018, after the claims accrued.
The Appellant's witness admitted in cross-examination that part-payment was made and that it would not have been made absent a claim submission. The Circular dated 4 September 2018 postdated the claims period and the Respondent's separation, so it could not retrospectively defeat his entitlement. The trial Magistrate's finding was sound.
Role of a first appellate court
The Court must re-evaluate the evidence and reach its own conclusions, making allowance for not having seen or heard the witnesses.
Relying on Kamau v Mungai (2006) 1 KLR 150, the Court restated the duty of a first appellate court to re-assess the evidence afresh while according due deference to the trial court's advantage of observing witnesses, then applied that standard to the Record of Appeal.
Legal principles established
#- On a first appeal, the court must re-evaluate the evidence and reach its own conclusions while making due allowance for not having seen or heard the witnesses.
- A claim lodged within three years of accrual under section 90 of the Employment Act is not time-barred.
- An internal claims-processing procedure introduced after the employee fulfilled his contractual obligations cannot be used to deny him his entitlements.
Court orders
#- 1.Appeal dismissed
- 2.Costs to the Respondent
- On appeal from
- Senior Principal Magistrate's Court
- Jurisdiction invoked
- First appellate jurisdiction over the Senior Principal Magistrate's Court (employment matter); Memorandum of Appeal lodged on 20 April 2023
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kisii University v Orere (Appeal E022 of 2023) [2024] KEELRC 1247 (KLR)", Case Analysis (2024). Kisumu Appeal No. E022 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1247/eng@2024-05-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.