Kenya Engineering Workers Union v Gahir Engineering Works Ltd (Cause E059 of 2024) [2025] KEELRC 1106 (KLR)
The bottom line
#A Kenyan court struck out a trade union's claim filed just 12 days late, confirming the three-year employment clock starts at the lockout, not later negotiations.
What this practically means
#Executive summary
#Key legal issues
#Locus standi of the Claimant union
The objection failed on this ground because whether the grievant was a member of the union is a question of fact requiring a full hearing
The Respondent denied having a recognition agreement with the Claimant, and neither a CBA nor a recognition agreement was placed before the court. However, membership between an employee and a union confers a right of representation, and determining whether the grievant was a member is a factual question unsuitable for a preliminary objection.
Jurisdiction vis-à-vis Gazette Notice No.6024 conferring jurisdiction on subordinate courts
The ELRC has jurisdiction because disputes between trade unions and employers fall outside the magistrates' courts' mandate
Relying on Law Society of Kenya v Malindi Law Society, the court held that magistrates' courts only handle employment and labour disputes between employees and employers, not trade unions. The Gazette Notice salary threshold did not divest the ELRC of jurisdiction over a union-employer dispute.
Whether the suit is statute barred under Section 90 of the Employment Act
Yes; the cause of action accrued on 12th January 2021 and the suit filed on 24th January 2024 was about 12 days out of time
Section 90 requires suits arising from the Employment Act or a contract of service to be commenced within three years. The lockout date of 12th January 2021 was the accrual date; subsequent events such as the show cause letter, disciplinary hearing and demand letters could not extend the period. The suit filed on 24th January 2024 was time barred.
Legal principles established
#- Preliminary objections must raise pure points of law and cannot be sustained where facts must be ascertained
- A recognition agreement confers on a trade union the right to locus standi to commence legal proceedings on behalf of employees
- In employment disputes time runs from the date of the termination or lockout, and subsequent events do not postpone the running of time
Court orders
#- 1.The Claimant's suit is struck out as statute barred
- 2.No orders on costs
- Jurisdiction invoked
- Employment and Labour Relations Court Act, 2016 (Section 22 cited on union representation); Employment Act, 2007 (Sections 89 and 90)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Engineering Workers Union v Gahir Engineering Works Ltd (Cause E059 of 2024) [2025] KEELRC 1106 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1106/eng@2025-04-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.