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ELRCDismissedNot stated in the judgment text provided· [2025] KEELRC 2566 (KLR)

Nzili v Kenya National Union of Teachers (Cause E007 of 2024) [2025] KEELRC 2566 (KLR)

Employment and Labour Relations Court
25 September 2025
MMM. Mbarũ
2,890 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 valid appointment to a union advisor role still lost its KES 11 million salary claim because the suit was filed more than a year late.

What this practically means

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Executive summary

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The claimant, a former National Chairman of the respondent trade union (KNUT), was appointed by letter dated 14 December 2020 as Liaison and Labour Advisor to the Secretary General, Wilson Sossion, effective 1 December 2020 to June 2022, on remuneration pegged to his last pay point (Ksh. 887,239 gross) plus a driver and allowances. He was paid only Ksh. 300,000 monthly from union funds and claimed Ksh. 11,157,541 in salary arrears. The respondent, through its current Secretary General Collins Henry Oyuu, denied the claim, asserting the appointment was a personal political arrangement between the claimant and the former Secretary General, not sanctioned by the union constitution, organizational structure, or any authorized body. The court held that the appointment was lawful and valid under the Labour Relations Act, since a Secretary General may appoint in writing under delegated authority, and the alleged restrictive policy was never produced. The new officials continued the arrangement and payments after July 2021 without revocation or counterclaim, and for work done the claimant was entitled to his dues. However, because salary arrears accrued monthly, non-payment constituted a continuing injury under section 90 of the Employment Act, requiring suit within 12 months of cessation, i.e. by 31 May 2023. The claim, filed on 31 December 2024, was time-barred. The claim was dismissed with each party bearing its own costs. Delivered at Mombasa on 25 September 2025 by M. Mbarũ, Judge.

Key legal issues

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01

Validity of the claimant's appointment as Liaison and Labour Advisor

Holding

The appointment was lawful and valid under the LRA; the Secretary General was authorized to issue it and the alleged restricting policy was never produced

Reasoning

Under section 2 of the LRA a secretary general may issue written communication to any person with delegated authority; the appointment by Wilson Sossion under the union's hand was therefore valid. The new officials, upon assuming office, continued the relationship and payments from union funds and took no steps to revoke the appointment or counterclaim to recover monies paid. For work done under that appointment, the claimant was entitled to his dues.

p. 4
02

Limitation under section 90 of the Employment Act

Holding

The claim for monthly salary arrears was a continuing injury and was time-barred, having been filed over 12 months after the appointment ended in June 2022

Reasoning

Non-payment of salary accrued monthly, amounting to a continuing injury under section 90 of the Employment Act. Following the Court of Appeal and ELRC authorities, such claims must be filed within 12 months from cessation of the injury. The claimant allowed his inaction to continue until the appointment ended in June 2022, and the suit filed on 31 December 2024 exceeded the 12-month window that lapsed on 31 May 2023.

p. 6

Legal principles established

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  • A benefit accruing to an employee on a monthly basis constitutes a continuing injury under section 90 of the Employment Act, and such claims must be filed within 12 months of cessation
  • An appointment made by a trade union's Secretary General under delegated authority is the position of the secretary-general, not merely the person occupying the office

Court orders

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  1. 1.The claim is dismissed
  2. 2.Each party is to bear its own costs
Jurisdiction invoked
First-instance employment and labour relations jurisdiction of the ELRC; section 90 of the Employment Act and the Labour Relations Act applied

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, "Nzili v Kenya National Union of Teachers (Cause E007 of 2024) [2025] KEELRC 2566 (KLR)", Case Analysis (2025). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2566/eng@2025-09-25

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