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ELRCPartially AllowedNot stated in judgment· [2025] KEELRC 2469 (KLR)

Bulimo v Maf Carrefour Retail Limited Kenya (Employment and Labour Relations Cause E541 of 2022) [2025] KEELRC 2469 (KLR)

Employment and Labour Relations Court
18 September 2025
3,070 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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A Kenyan employment court allowed a worker to amend his claim before hearing, but refused one new claim filed after the three-year time limit expired.

What this practically means

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Executive summary

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The claimant, in a pending employment suit, moved the court by Notice of Motion dated 30th April 2025 under sections 3A and 100 of the Civil Procedure Act, Order 8 Rules 3 and 5 of the Civil Procedure Rules and Rule 34 of the ELRC (Procedure) Rules, 2024, seeking leave to amend his Memorandum of Claim. He explained that new advocates had identified omissions in the original claim, including a new claim for terminal dues unlawfully deducted as telephone charges, further particulars on victimisation and procedural unfairness, and an enhanced factual narrative. The respondent opposed, contending the new telephone-charges claim was time-barred under the Employment Act, that the facts were always within the claimant's knowledge, that blaming former advocates was insufficient, and that the claimant was guilty of inordinate delay, the suit having been filed in July 2022 and the application only in April 2025. The court adopted the general rule that pre-hearing amendments should be freely allowed and found no prejudice to the respondent on the general amendments, who could amend their Response. However, holding that the claimant was dismissed on 18th March 2022 and that the three-year limitation period under section 89 of the Employment Act expired on 18th March 2025 - before the application of 30th April 2025 - the court found the new telephone-charges claim time-barred and refused it, since allowing it would defeat the respondent's accrued limitation defence. The application was allowed conditionally: leave to amend was granted subject to deletion of the offending paragraphs, with timelines for amended pleadings, trial bundles, mention on 27th October 2025, and costs of the application to be borne by the respondent in the cause.

Key legal issues

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01

Whether leave to amend the Memorandum of Claim should be granted before hearing

Holding

Leave granted, save that the time-barred claim for telephone charges must be deleted from the draft amendment

Reasoning

The court adopted the principle that amendments sought before hearing should be freely allowed and found no prejudice to the respondent on the general amendments, who can amend their defence and file further documents. However, the new claim for deducted telephone charges fell outside the three-year limitation period in section 89 of the Employment Act, and permitting it would deprive the respondent of a limitation defence.

p. 5
02

Whether the proposed claim for unlawfully deducted telephone charges is time-barred

Holding

It is time-barred; the limitation period expired on 18th March 2025, before the application of 30th April 2025

Reasoning

The claimant was dismissed on 18th March 2022 and, even on the claimant's own concession that this was not a continuing injury, the three-year limitation period under section 89 of the Employment Act expired on 18th March 2025. The application was filed on 6th May 2025, so the new relief was outside the limitation window and could not be introduced by amendment.

p. 5

Legal principles established

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  • Amendments to pleadings sought before the hearing should be freely allowed unless they would deprive the other party of an accrued defence such as limitation

Court orders

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  1. 1.Leave granted to amend the Memorandum of Claim as per the draft, on condition of deletion of the expired new claims under paragraph 42(f) titled 'unlawfully deducted monies as telephone charges', paragraph 43(h) and 45(h) of the draft
  2. 2.The draft defence to be amended accordingly and filed within 7 days
  3. 3.Respondent granted 14 days to amend their Response, if need be, and serve
  4. 4.Applicant at liberty to reply within 7 days upon being served
  5. 5.Parties to comply fully, file trial bundles and avail hard copies to court
  6. 6.Mention for hearing directions on 27th October 2025
  7. 7.Costs of the application to be borne by the respondent in the cause

Authorities

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Legislation

  • Civil Procedure ActSections 3A and 100
  • Civil Procedure RulesOrder 8 Rules 3 and 5
  • Employment and Labour Relations Court (Procedure) Rules, 2024Rule 34
  • Employment ActSections 89 and 90
  • Limitation of Actions ActSection 4(1)

Cases cited (10)

  • Joseph Ochieng & 2 others Trading as Aquiline Agencies v First National Bank of Chicago
    [1995] eKLR
  • St Patrick Hill School Limited v Bank of Africa Kenya Ltd
    [2018] eKLR
  • Kagwamba v Biozeq Kenya Limited
    (Employment and Labour Relations Cause E195 of 2023) [2025]
  • George Gikubu Mbuthia v Consolidated Bank of Kenya Ltd & Another
    (2016) eKLR
  • Njunge v Safaricom PLC
    [2024] KEELRC 1808 (KLR)
  • Phoebe Wangui Gakui v Mohamed Ahmed Gabarye
    [2021] eKLR
  • James Ochieng' Oduol T/A Ochieng Oduol & Co. Advocates v Richard Kuloba
    [2008] eKLR
  • Central Kenya Ltd v Trust Bank Ltd & 5 others
    [2000] eKLR
  • Habo Agencies Limited v Wilfred Odhiambo Musingo
    (2015) eKLR
  • Ochieng & Others v First National Bank of Chicago
    Civil Appeal No. 147 of 1991 (unreported)
Jurisdiction invoked
Sections 3A and 100 of the Civil Procedure Act, Order 8 Rules 3 and 5 of the Civil Procedure Rules and Rule 34 of the Employment and Labour Relations Court (Procedure) Rules, 2024

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, "Bulimo v Maf Carrefour Retail Limited Kenya (Employment and Labour Relations Cause E541 of 2022) [2025] KEELRC 2469 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2469/eng@2025-09-18

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