Murunga v Kenya Power & Lighting Co (Cause E774 of 2023) [2025] KEELRC 1569 (KLR)
The bottom line
#A Kenyan court struck out an unfair termination claim filed just five days late, confirming the three-year employment claim deadline is strict and non-negotiable.
What this practically means
#Executive summary
#Key legal issues
#Accrual of cause of action for retirement-age termination
Legal injury commenced with the notice of retirement (20 August 2020) and crystallised on the effective retirement date (19 September 2020)
The Respondent issued notice of attainment of retirement age on 20 August 2020, with effective retirement on 19 September 2020. The Court treated the notice date as the start of the legal injury and the retirement date as crystallisation, anchoring the computation of the three-year period under section 89 of the Employment Act.
Effect of filing beyond the statutory limitation period
The Court is divested of jurisdiction where the claim is time-barred; limitation in contract claims cannot be extended
Relying on section 89 of the Employment Act and Court of Appeal authority in Divecon v Samani and Beatrice Kahai Adagala, the Court held that a contract-based employment claim filed more than three years after accrual is time-barred, and no court may entertain it or extend time, since section 90 is mandatory and extension applies only to tort claims under the Limitation of Actions Act.
Legal principles established
#- An employment claim founded on contract must be filed within 3 years of the cause of action accruing, and the limitation period cannot be extended in contract claims
Court orders
#- 1.Notice of Preliminary Objection upheld
- 2.Cause struck out
- 3.No order on costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, section 89 limitation
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Murunga v Kenya Power & Lighting Co (Cause E774 of 2023) [2025] KEELRC 1569 (KLR)", Case Analysis (2025). Cause filed 23 September 2023 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1569/eng@2025-05-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.