Kenya Union of Road Contractors and Civil Engineering Workers v China City Construction Group Co Ltd (Cause E075 of 2023) [2024] KEELRC 490 (KLR)
The bottom line
#Kenyan employment claims must be filed within three years—negotiating or conciliating out of court does not pause that deadline.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether time stops running for purposes of limitation if parties are engaged in alternative dispute resolution processes
- 2.Whether the Court has jurisdiction to entertain an action instituted outside the period prescribed by section 90 of the Employment Act, 2007
Key legal issues
#Whether conciliation suspends the limitation period under section 90 of the Employment Act
No - time continues to run during alternative dispute resolution processes, including conciliation, and parties must bear section 90 in mind throughout
The Court relied on the Court of Appeal's binding decision in Rift Valley Railways v Musonye, which held that although section 15 of the Employment and Industrial Relations Act encourages alternative dispute resolution, it must be court-based and conducted within the law. Engaging in out-of-court negotiations does not arrest the limitation clock, and claimants remain bound to file within three years of termination.
Whether the Court has jurisdiction over a claim filed outside the limitation period, and whether time can be extended
The Court lacks jurisdiction; limitation bars the cause of action itself and no discretion exists to extend time under section 90 of the Employment Act
Applying Divecon v Samani, the Court held that limitation provisions confer substantive rights on defendants, not procedural rules. The cause of action - not just the remedy - is extinguished. The Grievants were dismissed between June and August 2020 but the suit was filed on 2 October 2023, more than three years and two months later. No evidence of a report to the Cabinet Secretary or conciliation outcome was placed before the Court.
Legal principles established
#- Time does not stop running for limitation purposes merely because parties are engaged in out-of-court alternative dispute resolution or conciliation
- A limitation provision is a substantive right; it is the cause of action that is barred, not merely the remedy
Court orders
#- 1.The Preliminary Objection is upheld
- 2.The Court declines jurisdiction
- 3.The Cause is struck out without any order on costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, section 90 raised by the Preliminary Objection; no specific constitutional provision invoked
Relief refused
#The Union's claim of unfair termination on behalf of 8 Grievants
The cause was statute-barred under section 90 of the Employment Act, and limitation is a substantive bar that no court may extend
Costs
No order on costs, considering the social partnership between the parties
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Time does not stop running merely because parties are engaged in an out of court negotiations.
A limitation provision or statute vests or gives to a party/defendant a right, and it is not just a procedural right but a substantive right. It is the cause of action which is barred and not the remedy which is barred.
In light of the above, the Court upholds the Preliminary Objection and declines jurisdiction and strikes out the Cause without any order on costs considering the social partnership between the parties.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Road Contractors and Civil Engineering Workers v China City Construction Group Co Ltd (Cause E075 of 2023) [2024] KEELRC 490 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/490/eng@2024-03-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.