Ndegwa v Mount Kenya University (Cause E563 of 2021) [2023] KEELRC 391 (KLR)
The bottom line
#A Kenyan court struck out a lecturer's Kshs 719,150 unpaid salary claim because it was filed over ten years late — employment claims must be filed within three years.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit is time barred under Section 90 of the Employment Act, 2007
Yes. The cause of action arose between 2009 and 2011 but the suit was filed on July 12, 2021, more than ten years later, far outside the three-year limitation period.
The facts in the plaint were not in dispute: the claimant taught and submitted claim forms between 2009 and 2011 but was not paid. Under Section 90 of the Employment Act, 2007, employment claims must be brought within three years of the cause of action arising. The limitation bar is jurisdictional, not discretionary, so the court cannot entertain the claim however meritorious and must strike it out.
Whether the preliminary objection on limitation and jurisdiction should be upheld
Yes. The notice of preliminary objection dated 17th December, 2021 was upheld and the suit struck out.
The respondent objected that the court lacked jurisdiction because the suit was statute barred under Section 90. Relying on its own precedent and that of the Court of Appeal, the court held that limitation under Section 90 is jurisdictional and the court has no discretion but to down its tools. The suit was struck out with no order as to costs.
Legal principles established
#- Section 90 of the Employment Act, 2007 imposes a three-year limitation period for claims arising from employment contracts, and once expired the court lacks jurisdiction and must strike out the suit.
Court orders
#- 1.The suit is struck out for being time barred and for want of jurisdiction
- 2.No order as to costs
- Jurisdiction invoked
- Section 90, Employment Act, 2007 (limitation ousting jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ndegwa v Mount Kenya University (Cause E563 of 2021) [2023] KEELRC 391 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/391/eng@2023-02-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.