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ELRCDismissedEx Parte Application dated 27th January 2025· [2025] KEELRC 1773 (KLR)

Abere v Wakenya Pamoja Sacco Society Ltd (Miscellaneous Case E008 of 2025) [2025] KEELRC 1773 (KLR)

Employment and Labour Relations Court
18 June 2025
NMNzioki wa Makau
569 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court confirmed it cannot extend the strict three-year deadline for filing employment contract claims, no matter how sympathetic the case.

What this practically means

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Executive summary

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The Applicant moved the Court (by ex parte application dated 27th January 2025, initially filed at the High Court at Kisii and transferred to this Court) seeking leave to file a suit out of time against her former employer. She averred she was employed in July 2010 as a teller and terminated in November 2011 while expectant, learning of the termination from colleagues, which allegedly triggered premature labour pains and later stress-related illness. The sole question was whether the Court could grant leave under section 90 of the Employment Act, which bars civil actions arising out of the Act or a contract of service unless commenced within three years of the act complained of. Applying Beatrice Kahai Adagala v Postal Corporation of Kenya (which itself relied on Divecon Limited v Samani and Josephat Ndirangu v Henkel Chemicals), the Court held that section 90 is in mandatory terms, that limitation is never extended in contract-based claims, and that extension is only available in tort claims satisfying sections 27 and 28 of the Limitation of Actions Act. Despite sympathy for the Applicant, the Court held its hands were tied by statute with 'no wriggle room'; the claim, filed more than a decade late with limitation setting in around March 2015, 'has no life'. The motion was dismissed with no order as to costs. Judgment delivered at Kisii on 18th June 2025 by Nzioki wa Makau, J.

Key legal issues

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01

Whether the Court can extend time to file an employment claim beyond the three-year period in section 90 of the Employment Act

Holding

No; the limitation bar is mandatory and the Court's hands are tied by statute, even where sympathies lie with the Applicant

Reasoning

Section 90 of the Employment Act bars civil actions arising out of the Act or a contract of service not commenced within three years. Relying on Beatrice Kahai Adagala v Postal Corporation of Kenya, the Court noted the section is in mandatory terms, the limitation period is never extended in contract matters, and extension is only available in tort claims under sections 27 and 28 of the Limitation of Actions Act. The Applicant's claim, brought more than a decade after termination (limitation setting in around March 2015), has 'no life'.

p. 2

Legal principles established

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  • The three-year limitation period in section 90 of the Employment Act is mandatory and admits of no extension in claims based on contract of service; extension is only possible in tort claims under sections 27 and 28 of the Limitation of Actions Act

Court orders

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  1. 1.The motion is dismissed
  2. 2.No order as to costs
Jurisdiction invoked
Sections 90 of the Employment Act and 27 and 28 of the Limitation of Actions Act (Cap. 22), on an ex parte application transferred from the High Court at Kisii

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Abere v Wakenya Pamoja Sacco Society Ltd (Miscellaneous Case E008 of 2025) [2025] KEELRC 1773 (KLR)", Case Analysis (2025). Ex Parte Application dated 27th January 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1773/eng@2025-06-18

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