Rift Valley Railways Workers' Union (K) v Kenya Railways Corporation (Cause E103 of 2024) [2025] KEELRC 1061 (KLR)
The bottom line
#Kenya's Employment Court struck out a union's unfair dismissal claim filed nearly ten years late, confirming the strict three-year deadline under section 90 of the Employment Act.
What this practically means
#Executive summary
#Key legal issues
#Limitation under section 90 of the Employment Act
The suit is time-barred and the Court declines jurisdiction
The Grievant was informed of his dismissal on 21 October 2014, effective 1 September 2014, and of the dismissal of his appeal on 10 February 2015. Section 90 of the Employment Act, 2007 requires claims to be brought within three years of accrual. The Union instead filed the present Cause on 8 February 2024, nearly a decade later, and after an earlier Cause (Nairobi Cause No. 830 of 2019) in which the Court had declined jurisdiction. The claim was therefore lodged outside the prescribed period.
Legal principles established
#- Under section 90 of the Employment Act, 2007, employment litigation must be commenced within 3 years of when the cause of action accrues
- A cause of action for unlawful dismissal accrues when the employee is informed of the dismissal
Court orders
#- 1.The Court declines jurisdiction
- 2.The Cause is struck out
- 3.No order on costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction; preliminary objection on limitation under section 90 of the Employment Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rift Valley Railways Workers' Union (K) v Kenya Railways Corporation (Cause E103 of 2024) [2025] KEELRC 1061 (KLR)", Case Analysis (2025). Not stated in the judgment excerpt (Cause filed 8 February 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1061/eng@2025-04-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.