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ELRCStruck Out· [2025] KEELRC 2235 (KLR)

Kamore v Kenya Power and Lighting Co. Ltd (Employment and Labour Relations Cause E617 of 2024) [2025] KEELRC 2235 (KLR)

Employment and Labour Relations Court
25 July 2025
SRSTELLA RUTTO
969 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court struck out an unfair termination claim filed more than three years after dismissal, confirming the countdown starts on termination, not on appeal outcomes.

What this practically means

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Executive summary

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The Employment and Labour Relations Court at Nairobi (Stella Rutto, Judge) determined the Respondent's Notice of Preliminary Objection dated 27th December 2024, canvassed by written submissions, contending that the Court lacked jurisdiction under Section 90 of the Employment Act, 2007 and Sections 3(1) and (2) of the Public Authorities Limitations Act, Cap 39 because the suit was time-barred. The sole issue framed was whether the suit was time-barred. The Claimant pleaded that his employment was terminated effective 9th February 2021, and he filed his Memorandum of Claim on 6th August 2024. Adopting the Court of Appeal's decision in Attorney General & another v Andrew Maina Githinji, the Court held that the cause of action crystallised on 9th February 2021 when the Claimant was terminated, not on 3rd April 2024 when his appeal against termination was determined. The three-year limitation period under Section 90 therefore lapsed on or about 9th February 2024, making the claim filed in August 2024 statute-barred. The Court held Section 90 is couched in mandatory terms and not extendable, and following Thuranira Karauri v Agnes Ncheche, that limitation goes to jurisdiction. Relying also on Beatrice Kahai Adagala v Postal Corporation of Kenya, the Court sustained the Preliminary Objection and struck out the Claim for being time-barred, with no orders as to costs.

Key legal issues

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01

Whether the suit is time-barred under Section 90 of the Employment Act

Holding

The claim filed on 6th August 2024 was filed beyond the three-year limitation period running from the 9th February 2021 termination and is statute-barred.

Reasoning

Section 90 bars suits founded on contract of service after three years. Following Attorney General & another v Andrew Maina Githinji, the cause of action accrued on dismissal when all facts were known, not on the determination of the internal appeal. The claim filed 6th August 2024 was outside the period. Section 90 is mandatory and not extendable, and limitation goes to jurisdiction.

p. 2

Legal principles established

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  • A suit founded on a contract of service cannot be sustained after three years from when the cause of action occurred; in employment matters the cause of action accrues on termination, not on the outcome of an appeal.
  • Limitation goes to jurisdiction; a time-barred suit cannot be entertained.

Court orders

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  1. 1.Respondent's Preliminary Objection dated 27th December 2024 sustained
  2. 2.Claim filed on 6th August 2024 struck out for being time-barred
  3. 3.No orders as to costs

Authorities

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Legislation

  • Employment Act, 2007Section 90
  • Public Authorities Limitations ActSection 3(1) and (2)
  • Civil Procedure RulesOrder 21 Rule 1
  • Civil Procedure ActSection 1B
  • Constitution of Kenya, 2010Articles 159(2)(d), 48

Cases cited (3)

  • Attorney General & another v Andrew Maina Githinji
    [2016] eKLR
  • Beatrice Kahai Adagala v Postal Corporation of Kenya
    [2015] eKLR
  • Thuranira Karauri v Agnes Ncheche
    [1997] eKLR
Jurisdiction invoked
Employment Act, Section 90; Public Authorities Limitations Act, Cap 39 (limitation as a bar to jurisdiction)

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, "Kamore v Kenya Power and Lighting Co. Ltd (Employment and Labour Relations Cause E617 of 2024) [2025] KEELRC 2235 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2235/eng@2025-07-25

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