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ELRCPartially AllowedNot stated in excerpt· [2016] KEELRC 126 (KLR)

Julius Wahome Wokabi v Invesco Assurance Company Limited [2016] KEELRC 126 (KLR)

Employment and Labour Relations Court
20 December 2016
524 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan employment court revived a KShs 2.1 million salary arrears award on review, confirming six-year limitation applied, but dismissed older retainer fee and allowance claims.

What this practically means

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Executive summary

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This ruling by the Employment and Labour Relations Court at Nairobi, delivered by Mathews Nderi Nduma, Principle Judge, on 20th December 2016, determined an application for review of a judgment of 18th July 2016. The underlying claim concerned salary arrears for May to November 2007, retainer fees up to December 2005, and sitting allowances up to March 2007. The earlier judgment had held the suit time barred, contradicting a prior ruling of 12th March 2015 in a preliminary objection that the six-year limitation period applicable before the Employment Act, 2007 rendered the suit in time. The court found an apparent error on the face of the judgment regarding the limitation analysis, noting the judge failed to recall his earlier ruling which he erroneously purported to overrule. The court held the main salary arrears claim of Kshs.2,125,000.00 was filed within six years of the cause of action and was therefore not time barred, but the retainer fees and sitting allowance claims were time barred and stood dismissed. The judgment was reviewed to enter judgment for the claimant on the salary arrears, with interest at court rates from filing until payment in full, and costs following the outcome. The respondent had not presented evidence, and the claim had been admitted under an agreement to pay dues. The court's final orders reviewed the judgment of 20th July 2016 accordingly.

Key legal issues

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01

Whether the salary arrears claim was filed within the limitation period

Holding

The suit was filed within six years of the cause of action for salary arrears accrued May to November 2007, so that claim is not time barred

Reasoning

The memorandum of claim showed the salary arrears claim related to May to November 2007, and the suit was filed on 28th February 2013, within six years. The judgment's contrary holding contradicted both the earlier ruling and the face of the pleadings, constituting an apparent error amenable to review.

p. 1
02

Whether retainer fees and sitting allowance claims were time barred

Holding

Claims for retainer fees up to December 2005 and sitting allowance to March 2007 were time barred and dismissed

Reasoning

Those claims accrued more than six years before the suit filed on 28th February 2013. The court had already found the pre-2007 law applicable was a six-year limitation period, and these heads fell outside it.

p. 2
03

Whether a judge may overrule his own earlier interlocutory ruling in final judgment

Holding

The learned judge erroneously purported to overrule his earlier ruling on time bar; review was warranted

Reasoning

The earlier ruling of 12th March 2015 had held the suit was in time under the six-year rule. The subsequent judgment contradicted this without recalling the prior determination, an error apparent on the face of the record justifying review in the claimant's favour on the salary head only.

p. 2

Legal principles established

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  • A court on review may correct an apparent error on the face of the judgment where it contradicts its own earlier ruling on limitation
  • Limitation for employment claims under the pre-2007 regime is six years

Court orders

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  1. 1.Judgment delivered on 20th July 2016 reviewed so as to award the claimant Kshs.2,125,000.00 arrear salary
  2. 2.The award be paid with interest at court rates from date of filing suit till payment in full
  3. 3.Costs to follow the outcome
  4. 4.Claims for retainer fees arrears up to December 2005 and sitting allowance arrears to March 2007 dismissed as time barred
Jurisdiction invoked
Review jurisdiction of the Employment and Labour Relations Court over its own judgment

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, "Julius Wahome Wokabi v Invesco Assurance Company Limited [2016] KEELRC 126 (KLR)", Case Analysis (2016). Not stated in excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/126/eng@2016-12-20

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