Luka v Bishop in Charge AIC (K) Machakos Area & another (Appeal E001 of 2024) [2025] KEELRC 1702 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the appellant's cause of action accrued on the date of dismissal (October 2018) or on the purported resignation of 03.02.2021
The cause of action accrued in October 2018; the internal reinstatement process never implemented did not suspend limitation, and the suit filed on 16.05.2023 was out of time
The appellant pleaded he was dismissed effective 05.10.2018 per letter dated 30.10.2018 and never resumed duty. Internal processes promising reinstatement were never implemented, so the parties remained separated. His own demand letter of 11.03.2022 confirmed suspension on 5th October 2018. The three-year limitation period therefore lapsed on 30.10.2021, well before the suit filed on 16.05.2023.
Whether the preliminary objection based on limitation was proper
Yes - it was based on undisputed pleaded facts and raised a pure point of law
The preliminary objection rested on the undisputed pleaded fact that the appellant was dismissed by letter dated 30.10.2018, and raised a pure point of law namely that the statutory limitation period had expired when the suit was filed. It therefore qualified as a proper preliminary objection and the trial court was entitled to uphold it and strike out the claim.
Legal principles established
#- The three-year limitation period under section 90 of the Employment Act, 2007 runs from the date of dismissal communicated to the employee, notwithstanding unimplemented promises of reinstatement
- On a first appeal, the court re-evaluates the evidence but will not disturb the trial court's decision unless it misdirected itself
Court orders
#- 1.The appeal is dismissed with costs
- 2.The ruling by the trial court allowing the preliminary objection is upheld
- 3.The Deputy Registrar to return the case file to the Machakos Sub-registry forthwith as the same is closed
- On appeal from
- Senior Principal Magistrate's Court (Machakos)
- Not stated
- Jurisdiction invoked
- First appeal under the Court's appellate jurisdiction over the trial court ruling on limitation under section 90 of the Employment Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Luka v Bishop in Charge AIC (K) Machakos Area & another (Appeal E001 of 2024) [2025] KEELRC 1702 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1702/eng@2025-06-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.