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ELRCStruck OutNot stated in the extract· [2024] KEELRC 1459 (KLR)

Juma v Okech (Cause E415 of 2023) [2024] KEELRC 1459 (KLR)

Employment and Labour Relations Court
14 June 2024
JRJames Rika
487 words in judgment
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The bottom line

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What this practically means

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Executive summary

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The Claimant, employed by the Respondent as a domestic worker from March 2008, sued on 3rd May 2023 (filed 2nd May 2023) alleging unfair termination of his contract on 12th May 2019, and claimed compensation for unfair termination together with a raft of terminal benefits. The Respondent filed a Statement of Response and a Notice of Preliminary Objection dated 6th July 2023, asserting that the Claimant resigned voluntarily on 12th May 2019, was paid all his terminal dues upon acceptance of the resignation, and that the Claim was time-barred under Section 90 of the Employment Act. The parties agreed the objection be determined on pleadings and submissions, which were confirmed filed and served on 31st January 2024. The Claimant conceded the timing of filing but argued that ongoing negotiations and conciliation at the Ministry of Labour, in which the Respondent allegedly frustrated settlement, made it imprudent to litigate earlier and that upholding the objection would violate his right to fair labour practices. The Court, bound by the Court of Appeal's decision in Rift Valley Railways v Hawkins Wagunza Musonye & another [2016] eKLR, held that negotiation and conciliation do not freeze the limitation period under Section 90, and that endorsing the Claimant's argument would be judicial craft and innovation. The preliminary objection was sustained, the Claim declined for want of temporal jurisdiction, and no order was made on costs.

Key legal issues

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01

Effect of negotiations and conciliation on the Section 90 limitation period

Holding

Alternative dispute resolution does not suspend limitation under Section 90; the Claim filed nearly four years after termination is time-barred and the Court lacks temporal jurisdiction

Reasoning

The Claimant conceded the claim was filed on 2nd May 2023 for a cause of action arising on 12th May 2019. He argued that negotiation and conciliation at the Ministry of Labour excused the delay. The Court held itself bound by the Court of Appeal's decision in Rift Valley Railways v Hawkins Wagunza Musonye, which rejected the argument that ADR freezes the limitation clock. Endorsing the Claimant's submission would be 'judicial craft and innovation'.

p. 2

Legal principles established

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  • Negotiation and conciliation processes do not freeze the running of the limitation period for presenting employment claims under Section 90 of the Employment Act

Court orders

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  1. 1.The preliminary objection is sustained and the Claim declined, for want of jurisdiction
  2. 2.No order on the costs
Jurisdiction invoked
Section 90 of the Employment Act (limitation for employment claims); ELRC original jurisdiction

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, "Juma v Okech (Cause E415 of 2023) [2024] KEELRC 1459 (KLR)", Case Analysis (2024). Not stated in the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1459/eng@2024-06-14

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