Njeri (Suing as the Legal Representative of the Estate of Anthony Nguri Karori) v East African Portland Cement Company PLC (Miscellaneous Application E841 of 2022) [2024] KEELRC 1744 (KLR)
The bottom line
#The ELRC struck out a widow's claim for her late husband's dues because it was filed more than three years after his death, which is when the countdown started.
What this practically means
#Executive summary
#Key legal issues
#When does limitation begin to run under Section 90 of the Employment Act where the employment ends by death of the employee?
Time runs from the cessation of the contract, i.e. the date of the employee's death, not from the employer's subsequent admission of liability
Section 90 requires claims arising out of employment to be filed within three years of the act or default complained of. The court held that the cause of action accrues on cessation of the contract. Since the employer-employee relationship ended on 29th June 2019 upon the deceased's death, the three-year period expired on 29th June 2022, and the claim filed in November 2022 was out of time. The Respondent's letters admitting owing dues did not create a fresh cause of action.
Whether the Court can extend time or excuse non-compliance with Section 90
No - Section 90 is mandatory and the Court has no jurisdiction to extend time; the suit filed out of time must be struck out
Relying on Michira & 41 others v Aegis Kenya Ltd, the court held that Section 90 is framed in mandatory terms and the Court is denied jurisdiction to extend time. The Claimant offered no explanation for the delay or for failing to obtain a limited grant to file in time. The court expressed sympathy but held the statute must take its course, only urging the Respondent to consider settling the dues voluntarily.
Legal principles established
#- Under Section 90 of the Employment Act, the cause of action accrues upon cessation of the employment contract, not upon the employer's admission of liability for dues
- Section 90 of the Employment Act is mandatory and this Court has no jurisdiction to extend the three-year limitation period
Court orders
#- 1.The Notice of Preliminary Objection by the Respondent is sustained
- 2.The suit is struck out as incompetent
- 3.No orders as to costs
- Jurisdiction invoked
- Original jurisdiction of the Employment and Labour Relations Court over employment and labour relations claims
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njeri (Suing as the Legal Representative of the Estate of Anthony Nguri Karori) v East African Portland Cement Company PLC (Miscellaneous Application E841 of 2022) [2024] KEELRC 1744 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1744/eng@2024-07-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.