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ELRCDismissedELRC (Nakuru) - Statement of Claim dated 31st March 2025· [2025] KEELRC 2108 (KLR)

Musungu v Spreadmarketing Consulting Agency Limited (Employment and Labour Relations Cause E020 of 2025) [2025] KEELRC 2108 (KLR)

Employment and Labour Relations Court
18 July 2025
AMAnna Ngibuini Mwaure
2,173 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 ruled that e-filing failures and a public holiday justified late filing, allowing an otherwise time-barred unfair termination claim to proceed.

What this practically means

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Executive summary

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The Claimant sued for declarations and payments arising from the alleged unlawful termination of her employment on 31st March 2022, claiming 12 months' gross pay of Kshs.3,127,224, leave pay, a Kshs.25,000 salary deduction, house allowance, interest and costs. The Respondent raised a preliminary objection dated 13th April 2025, contending that the suit, filed on 1st April 2025, was time-barred under section 90 of the Employment Act, depriving the court of jurisdiction, and that the suit was an abuse of process. The Claimant, through her advocate's replying affidavit, countered that the objection raised factual questions unsuited to a preliminary objection under the Mukisa Biscuit doctrine; that the pleadings were lodged on 31st March 2025 but the e-filing system did not generate the payment invoice until 1st April 2025; that 31st March 2025 was a public holiday (Idi Fitr); and that under sections 57(a)-(c) of the Interpretation and General Provisions Act time ran from 1st April 2022 to 1st April 2025. A prior similar claim, ELRC (Nairobi) E646 of 2022, had been dismissed for non-attendance, not on merit. The court noted the claim file was stamped 30th April 2025 and the tracking document showed lodgement on 28th March 2025, but accepted evidence of the e-filing system's failure. It held that throwing out the suit for circumstances beyond the Claimant's control would be unfair, guided by Article 159(2)(d). The preliminary objection was dismissed with costs in the cause.

Key legal issues

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01

Whether the claim filed on 1st April 2025, for a termination on 31st March 2022, was time-barred under section 89 of the Employment Act

Holding

The preliminary objection was dismissed; the court held the suit was filed within time because the e-filing system failed and 31st March 2025 was a public holiday

Reasoning

The court accepted evidence that the e-filing platform was down from 28th March to 1st April 2025 and that 31st March 2025 (Idi Fitr) was a public holiday preventing manual payment. Although acknowledging that a time-barred suit under section 89 admits no discretion, it found the suit was lodged within time and invoked Article 159(2)(d) against technicality, warning that last-day filing is risky.

p. 4

Legal principles established

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  • Where e-filing system failures and a public holiday prevent payment of filing fees on the last day of a limitation period, it is unfair to strike out the suit, and Article 159(2)(d) requires justice to be administered without undue regard to technicalities

Court orders

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  1. 1.The preliminary objection is not merited and is dismissed
  2. 2.Costs will be in the cause

Authorities

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Legislation

  • Employment Actsection 90 (now section 89)
  • Employment Actsection 89
  • Interpretation and General Provisions Actsections 57(a), 57(b), 57(c)
  • Limitation of Actions Act (Cap. 22)section 4(1)
  • Civil Procedure Actsection 27(1)
  • Civil Procedure Act (Chapter 21)section 1B
  • Civil Procedure RulesOrder 21 Rule 1
  • Constitution of KenyaArticles 48, 159(2)(d)

Cases cited (3)

  • Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors
    (1969) EA 696
  • Hassan Ali Joho & Another v Suleiman Said Shahbal & 2 Others
    Petition No. 10 of 2013
  • Mutuku v Multichoice Kenya Limited & Another
    [2024] KEELRC 1028 (KLR)
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under section 89 (formerly section 90) of the Employment Act; Article 159(2)(d) of the Constitution

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, "Musungu v Spreadmarketing Consulting Agency Limited (Employment and Labour Relations Cause E020 of 2025) [2025] KEELRC 2108 (KLR)", Case Analysis (2025). ELRC (Nakuru) - Statement of Claim dated 31st March 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2108/eng@2025-07-18

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