Ndirangu v Nyandarua County Government & another (Employment and Labour Relations Petition E018 of 2024) [2025] KEELRC 1911 (KLR)
The bottom line
#The ELRC in Nakuru struck out an employment petition filed decades too late, confirming that constitutional labels cannot defeat Kenya's three-year employment claim deadline.
What this practically means
#Executive summary
#Key legal issues
#Whether the petition is time barred under section 89 of the Employment Act
Yes - the petition filed 28 years after the allegations is time barred and cannot be salvaged by framing it as a constitutional petition
The petitioner was appointed in 1995 and the disciplinary allegations arose then; he sought reinstatement by letter only in 2011 and filed the petition in 2024. Section 89 bars employment actions not commenced within three years, and reinstatement is only available within three years of dismissal. No extension of time is possible.
Whether the petition raises genuine constitutional violations
No - it is a straightforward employment dispute that does not become constitutional by being labelled as such
Following Elizabeth Mburu v Kenya Breweries Ltd and Petronella Nellie Chirwa v Transnet Ltd, the court held the attempt to elevate the employment contest to the constitutional platform is misplaced. The claims under Articles 27, 28, 41 and 50(1) were merely an employment dispute about alleged misappropriation and failure to report to work.
Nature of a preliminary objection
A preliminary objection must be a pure point of law assuming all pleaded facts are correct; limitation qualifies
The court applied Mukisa Biscuits and Attorney General v Andrew Maina Githinji, holding that an objection must be based on pure law and cannot require factual determination or judicial discretion. The limitation objection met this threshold.
Legal principles established
#- Employment-related civil actions must be instituted within three years of the act, neglect or default complained of, and within twelve months of cessation for continuing injuries
- A matter does not become constitutional merely because a party labels it so; an employment dispute cannot be elevated to a constitutional platform to evade limitation
- Once the limitation period under section 89 of the Employment Act has elapsed, the court cannot extend time
- Reinstatement orders are only available within three years of dismissal
Court orders
#- 1.The preliminary objection dated 25th February 2025 is merited and allowed
- 2.The Petition is disallowed as time barred and is struck off
- 3.Each party to bear its costs of the suit
- Jurisdiction invoked
- Articles 27, 28, 41 and 50(1) of the Constitution invoked in the petition; Employment Act section 89 on limitation; Employment and Labour Relations Court Act section 12(3) on court powers
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ndirangu v Nyandarua County Government & another (Employment and Labour Relations Petition E018 of 2024) [2025] KEELRC 1911 (KLR)", Case Analysis (2025). Petition dated 23rd September 2024 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1911/eng@2025-06-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.