Kenya Engineering Workers Union v Sheer Logics Management Consultants Limited (Cause E085 of 2024) [2025] KEELRC 202 (KLR)
The bottom line
#The Employment Court dismissed a union's claim for 16 workers because it was filed over three years late, and Kenyan courts cannot extend that deadline.
What this practically means
#Executive summary
#Key legal issues
#Limitation of actions
The claim filed in October 2023 in respect of a cause of action arising on 30 November 2019 was out of time and incompetent
The cause of action arose on 30 November 2019 upon termination. Under Section 90 of the Employment Act the claim should have been filed within 3 years, i.e. by 29 November 2022. The court has no jurisdiction to extend the statutory limitation period, citing Maria Machocho v Total (K) and Kenya Plantation & Agricultural Workers Union v Kensalt Limited.
Whether the terminations were unfair, unlawful or a redundancy
The terminations were not unfair; no redundancy was declared; notice was issued under the contract's 30-day notice clause and served
The respondent received notice from its client terminating the outsourcing contract effective 30 November 2019 and immediately issued 30 days' notice to the grievants dated 1 November 2019. The grievants served the notice period and were paid for days worked. The reasons for termination were stated in the notice and their validity was not challenged. This was termination by contract terms, not redundancy under Section 40 of the Employment Act.
Union recognition and union membership
No evidence of union membership was presented; without notice of unionisation the respondent cannot be faulted for issuing termination notices directly to the grievants
The claimant admitted there was no Recognition Agreement. Although the LRA allows recruitment without recognition, the matter was not brought to the respondent's attention to create any legitimate expectation that the union represented the employees. The witness admitted there was no evidence in court that the grievants were union members.
Competence of the witness
Omari Menza, whose name was not among the listed grievants, was not a proper witness for the claimant
The claim relates to 16 grievants but Menza and Bendia Menya were not listed in the Memorandum of Claim. Menza attributed this to a typing error but his capacity to testify for the grievants was challenged, and the court found he was not a proper witness to testify to the facts of the case.
Legal principles established
#- A claim filed outside the three-year limitation period under Section 90 of the Employment Act is incompetent and the ELRC has no jurisdiction to extend time
- Procedural and unlawful termination arises where an employer terminates employment contrary to the law and the written contract, e.g. before expiry of the notice period
- Without a Recognition Agreement, a trade union cannot claim the legal threshold for recognition to negotiate a CBA
Court orders
#- 1.The claim is dismissed as without merit
- 2.The claimant shall meet the costs due to the respondent
- Jurisdiction invoked
- Article 47 of the Constitution; Labour Relations Act; Employment Act (ELRC first-instance jurisdiction over employment disputes)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Engineering Workers Union v Sheer Logics Management Consultants Limited (Cause E085 of 2024) [2025] KEELRC 202 (KLR)", Case Analysis (2025). Not stated in excerpt (filed as Nairobi ELRC Cause No. E655 of 2023, transferred to Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/202/eng@2025-01-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.