Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCAllowedNot stated in the judgment· [2025] KEELRC 1669 (KLR)

Ali v Multimedia University College of Kenya (Employment and Labour Relations Petition E139 of 2024) [2025] KEELRC 1669 (KLR)

Employment and Labour Relations Court
5 June 2025
2,162 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court confirmed it can extend the usual three-year deadline for filing claims when illness or disability genuinely stopped someone from going to court.

What this practically means

#

Executive summary

#
The Petitioner filed a Notice of Motion dated 16th October 2024 seeking leave to file suit out of time. She averred that she was summarily dismissed by the Respondent on 31st January 2006, that she was abandoned in London while on scholarship, suffered a stroke causing permanent disability and cognitive impairment which prevented her from instituting proceedings, and that an advocate she later instructed failed to file any court process. The Respondent filed a Preliminary Objection contending that the court lacked jurisdiction over a time-barred petition, relying on section 90 (now section 89) of the Employment Act which imposes a three-year limitation period for employment claims with no provision for extension, and submitted that the petition was a device to circumvent limitation. The court framed two issues: whether it had jurisdiction to grant the orders sought, and whether the orders were capable of being granted. Relying on Order 50 Rule 6 of the Civil Procedure Rules, section 22(1) of the Limitation of Actions Act, and the Court of Appeal decision in Mtana Lewa v Kahindi Ngala Mwagandi, the court held that its hands were not tied and that it may enlarge time on a case-by-case basis. Noting that the Respondent did not deny the Petitioner's stroke-induced disability and that the claim was a constitutional petition rather than a purely employment claim, the court exercised its discretion in the Petitioner's favour, allowing enlargement of time and directing that the suit be filed within 14 days, with costs in the petition.

Key legal issues

#
01

Whether the court has jurisdiction to enlarge time under section 89 of the Employment Act which prescribes a 3-year limitation period

Holding

Yes - read together with Order 50 Rule 6 of the Civil Procedure Rules and section 22(1) of the Limitation of Actions Act, the court's hands are not tied; enlargement is discretionary and case-specific, including where a disability under section 22 stopped time from running.

Reasoning

The court acknowledged the Respondent's argument that section 89 of the Employment Act (formerly section 90) is couched in mandatory terms and bars claims filed outside three years. However, it read section 89 together with Order 50 Rule 6 of the Civil Procedure Rules, section 22(1) of the Limitation of Actions Act (disability provision), and the Court of Appeal decision in Mtana Lewa. On that reading, the court retains a discretion to enlarge time on a case-by-case basis, particularly where a disability caused the delay.

p. 5
02

Whether enlargement of time should be granted on the facts

Holding

Granted - the applicant's delay was due to a stroke causing cognitive impairment and permanent disability, a fact the Respondent did not deny, and the claim is a constitutional petition, not a purely employment claim.

Reasoning

The applicant explained the delay of some 18 years by a stroke causing cognitive impairments and permanent disability, plus an advocate who failed to file any process. The Respondent did not deny the illness. The court distinguished the matter from a purely contractual employment claim, noting it is a petition alleging breach of constitutional rights, and exercised its discretion to allow the application, giving 14 days to file the suit.

p. 5

Legal principles established

#
  • The court is not powerless to enlarge time for filing an employment-related claim where a disability prevented the claimant from acting, and each case must be assessed individually
  • Where a claimant's delay is attributable to a stroke-induced disability that the respondent does not deny, and the claim is a constitutional petition rather than a purely employment claim, the court may exercise its discretion to enlarge time

Court orders

#
  1. 1.Leave granted to enlarge time within which the petitioner can file her petition
  2. 2.The applicant has 14 days to file her suit
  3. 3.Costs in the petition
Jurisdiction invoked
Discretionary jurisdiction to enlarge time relied on Order 50 Rule 6 of the Civil Procedure Rules and section 22(1) of the Limitation of Actions Act; the matter is a constitutional petition alleging violation of Article 47

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Ali v Multimedia University College of Kenya (Employment and Labour Relations Petition E139 of 2024) [2025] KEELRC 1669 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1669/eng@2025-06-05

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