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ELRCDismissedNot stated in judgment· [2025] KEELRC 438 (KLR)

Railways Workers Union (K) v Africa Star Railway Operations Company Limited (Cause E.455 of 2022) [2025] KEELRC 438 (KLR)

Employment and Labour Relations Court
20 February 2025
HWHellen Wasilwa
708 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court threw out a unfair dismissal claim filed more than three years after the sacking, because the law gives you only three years to sue.

What this practically means

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Executive summary

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This was a ruling on a preliminary objection dated 28th July 2022 raised by the Respondent, Africa Star Railway Operations Company Limited, seeking striking out of a claim by the Grievant, Philemon Ruto, a former Coupler Worker employed at the Respondent's Nairobi Station. The Respondent argued that the suit was fatally and incurably defective and time-barred under Section 90 of the Employment Act, 2007, since the Grievant's employment was terminated in November 2018 following contradictory medical reports concerning his fitness for duties, yet the suit was only filed on 27th June 2022, outside the three-year limitation window. The Respondent relied on several authorities, including Gathoni v Kenya Co-operative Creameries Ltd, Nicodemus Marani v Timsales Limited, Wariahe v Teachers Service Commission, Wamae v Mount Kenya University, G4S Security Services (K) Ltd v Joseph Kamau, and Nyakundi Okerio, to establish that limitation is a jurisdictional bar and that no extension of the three-year period is permitted. The court found on the face of the pleadings that the cause of action arose on 21st November 2018, meaning the limitation window expired on 20th November 2021. As the claim was filed in 2022, it was time-barred. The preliminary objection was allowed and the claim was dismissed. The court made no order as to costs. Judgment was delivered virtually at Nairobi on 20th February 2025 by Hellen Wasilwa, Judge.

Key legal issues

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01

Whether the claim was filed outside the limitation period under Section 90 of the Employment Act, 2007

Holding

The claim was time-barred; the cause of action arose on 21/11/2018 and the three-year window expired on 20/11/2021, yet the suit was filed in 2022

Reasoning

The court examined the pleadings and found that the cause of action arose on 21st November 2018 as pleaded in the claim. Applying Section 90 of the Employment Act, which bars civil actions arising from employment instituted more than three years after the cause of action, the limitation window expired on 20th November 2021. The claim, filed on 27th June 2022, was therefore out of time and incurably defective, justifying striking out/dismissal.

p. 2
02

Whether the preliminary objection should be allowed

Holding

The preliminary objection had merit and was allowed; the claim was dismissed with no order of costs

Reasoning

Having found the suit time-barred on the face of the pleadings, the court concluded that the preliminary objection raised by the Respondent was well founded. The suit was dismissed accordingly, and the court declined to award costs, making no order as to costs.

p. 2

Legal principles established

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  • Claims arising from employment must be instituted within three years of the cause of action as prescribed by Section 90 of the Employment Act, 2007, failing which they are time-barred

Court orders

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  1. 1.The preliminary objection dated 28th July 2022 is allowed
  2. 2.The claim is dismissed for being time-barred
  3. 3.No order as to costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (Section 90 relied on for limitation)

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, "Railways Workers Union (K) v Africa Star Railway Operations Company Limited (Cause E.455 of 2022) [2025] KEELRC 438 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/438/eng@2025-02-20

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