William (Suing in his Behalf and on Behalf of 186 Former Employees of the Defunct Intercontinental Hotel, Mombasa) v Rao & 3 others (Petition E001 of 2025) [2025] KEELRC 1232 (KLR)
The bottom line
#A Kenyan court dismissed a 25-year-old salary and rights claim because employment claims must be filed within three years — no exceptions.
What this practically means
#Executive summary
#Key legal issues
#Whether the Bill of Rights can be enforced horizontally against private persons
The Bill of Rights binds all persons, including private individuals and companies, but the court did not decide the petition on this ground
The court cited Article 2(1) and Article 20, holding the Constitution supreme and binding on all persons. However, the objection on this ground was overtaken by the jurisdictional limitation issue, so the horizontal application question was not dispositive of the petition.
Whether the petition was time-barred under section 89 of the Employment Act
The petition was time-barred; the 3-year limitation period is mandatory with no discretion to extend, and filing a petition cannot cure the defect
The cause of action arose in 2000/2001. Under the repealed Employment Act's limitation regime (now section 89 of the Employment and Labour Relations Court Act), employment claims must be filed within 3 years. The court lacked jurisdiction to entertain a 25-year-old claim and could not circumvent the limitation by framing it as a constitutional petition.
Legal principles established
#- Employment claims must be lodged within 3 years from the date the cause of action arose and the court has no jurisdiction to extend time
- Filing a constitutional petition rather than a memorandum of claim cannot cure an expired limitation period
- Where a matter can be resolved under existing legislation without invoking constitutional provisions as the foundation of the suit, the alternative course should be adopted
Court orders
#- 1.The petition is fatally defective and hence dismissed with costs to the respondents.
- Jurisdiction invoked
- Articles 20, 21 and 22 of the Constitution of Kenya 2010 (enforcement of the Bill of Rights)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "William (Suing in his Behalf and on Behalf of 186 Former Employees of the Defunct Intercontinental Hotel, Mombasa) v Rao & 3 others (Petition E001 of 2025) [2025] KEELRC 1232 (KLR)", Case Analysis (2025). Petition dated 1 January 2025 (Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1232/eng@2025-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.