Nabwayo v SBM Bank (Kenya) Limited & 3 others (Cause 986 of 2023) [2024] KEELRC 2215 (KLR)
The bottom line
#Kenya's Employment Court struck out a claim entirely because the main employment case was filed too late, even though other claims were timely.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction over auxiliary claims in mixed cause-of-action suits
The ELRC has jurisdiction over auxiliary claims where the dominant cause of action arises from employment
The Court relied on emerging jurisprudence, citing Banking Insurance & Finance Union (Kenya) v Consolidated Bank of Kenya and Abraham Nyambane Atsiago v Barclays Bank of Kenya, holding that where the dominant cause of action arises from an employment relationship, the Court may deal with all auxiliary claims, including the claim for malicious prosecution.
Effect of limitation on the substantive cause of action
Because the substantive employment claim was statute barred under Section 90 of the Employment Act, the Court was stripped of jurisdiction over the entire claim, including the auxiliary claim
The Court accepted the parties' admission that the unfair termination claim was time-barred under Section 90 of the Employment Act. Since jurisdiction attaches to the substantive cause of action, its being statute barred deprived the Court of jurisdiction to entertain the whole suit, justifying striking out the claim on the preliminary objection.
Legal principles established
#- Where the dominant cause of action arises from an employment relationship, the Employment and Labour Relations Court has jurisdiction to deal with all auxiliary claims
- In a mixed grill case, jurisdiction is conferred by the substantive cause of action; if that cause is statute barred, the Court is stripped of jurisdiction over the entire claim
Court orders
#- 1.The 1st Respondent's Preliminary Objection is upheld
- 2.The Claimant's claim is struck out
- 3.Each party will bear their own costs
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution of Kenya and the Employment and Labour Relations Court Act (mandate challenged by the 1st Respondent); limitation under Section 90 of the Employment Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nabwayo v SBM Bank (Kenya) Limited & 3 others (Cause 986 of 2023) [2024] KEELRC 2215 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2215/eng@2024-09-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.