Board of Management Nzeveni Secondary School v Makumbi (Appeal E001 of 2025) [2025] KEELRC 1846 (KLR)
The bottom line
#Kenya's Employment Court ruled that a worker's suit for unpaid benefits was too late, confirming the three-year employment claim deadline applies even during negotiations.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the trial Court erred in dismissing the preliminary objection based on section 90 of the Employment Act, 2007 (limitation)
- 2.Whether the agreement in the minutes of a trade dispute of 28.05.2019 rendered the preliminary objection invalid as not based on a pure point of law
- 3.Whether the agreement operated as an acknowledgement of a debt or undertaking reviving the cause of action under section 23(3) of the Limitation of Actions Act (Cap 22)
Key legal issues
#Limitation under section 90 of the Employment Act, 2007
The three-year limitation period had lapsed when the suit was filed; the appellant's preliminary objection should have succeeded
The claimant's services were terminated on 30/12/2017 and the suit was filed on 26.06.2023, well beyond the three years prescribed by section 90. The Court of Appeal in Attorney General v Andrew Maina Githinji held the time limit mandatory, and subsequent decisions confirm that negotiations or alternative dispute resolution processes do not suspend the running of time under section 90.
Effect of the trade dispute agreement of 28.05.2019 on the preliminary objection
The agreement did not invalidate the preliminary objection as not based on a pure point of law, but it did operate as an acknowledgement of a debt reviving the cause of action for a limited period under section 23(3) of the Limitation of Actions Act
The existence of the agreement was an undisputed pleaded fact, so the preliminary objection remained a pure point of law. However, because the agreement was concluded as part of the employment relationship and the agreed terms of termination, it amounted to an acknowledgement of the claim, resetting limitation under section 23(3) of the Limitation of Actions Act. Even so, the suit filed on 26.06.2023 still fell outside the reset period.
Legal principles established
#- Existence of pending criminal or alternative dispute resolution processes does not stop the time of limitation in section 90 of the Employment Act from running
- An agreement concluded as part of the termination of employment can operate as an acknowledgement of a debt reviving the cause of action under section 23(3) of the Limitation of Actions Act
- A preliminary objection may be based on undisputed pleaded facts and remain a pure point of law
Court orders
#- 1.The ruling delivered on 31.01.2025 by the trial Court is set aside
- 2.The preliminary objection is upheld and the suit struck out
- 3.Each party to bear own costs of the appeal and the suit before the trial Court
- 4.The Deputy Registrar to return the case file to the Machakos Sub-registry forthwith
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Chief Magistrate's Court
- Not stated
- Jurisdiction invoked
- Appellate jurisdiction over the trial court's ruling on a preliminary objection (statutory basis not expressly cited in the judgment)
Relief refused
#Costs of the appeal borne by the respondent
The Court instead ordered each party to bear own costs in view of the circumstances of the case
Costs
Each party to bear own costs of the appeal and the suit before the trial Court.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The ruling delivered on 31.01.2025 by the trial Court herein is set aside.
The preliminary objection is upheld and the suit struck out.
Each party to bear own costs of the appeal and the suit before the trial Court.
it is settled that existence of pending criminal or alternative dispute resolution processes does not stop the time of limitation in section 90 [revised to section 89 ] of the Act from running
The Court finds that indeed the three years of limitation had lapsed by the time the suit was filed on 25.06.2023.
Issues in the judgment
#The judgment states the employment ran 'from 1/3/2025 to 30/12/2017', an apparent typographical error in the start date of employment
The judgment refers to 'minutes of 28.05.2029' where the surrounding text indicates the meeting was on 28.05.2019
The judgment states the agreement 'was concluded on 15.05.2015' while elsewhere it is dated 28.05.2019, creating an internal inconsistency in the limitation computation
The date of filing of the suit is given as 26.06.2023 in the background but 25.06.2023 in the Court's finding
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Board of Management Nzeveni Secondary School v Makumbi (Appeal E001 of 2025) [2025] KEELRC 1846 (KLR)", Case Analysis (2025). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1846/eng@2025-06-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.