Railways Workers Union (K) v Africa Star Railway Operations Company Limited (Cause E.455 of 2022) [2025] KEELRC 438 (KLR)
The bottom line
#Kenya's Employment Court threw out a unfair dismissal claim filed more than three years after the sacking, because the law gives you only three years to sue.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the suit is time-barred under Section 90 of the Employment Act, 2007, having been filed more than three years after the cause of action
- 2.Whether the suit is fatally and incurably defective and should be struck out
Key legal issues
#Whether the claim was filed outside the limitation period under Section 90 of the Employment Act, 2007
The claim was time-barred; the cause of action arose on 21/11/2018 and the three-year window expired on 20/11/2021, yet the suit was filed in 2022
The court examined the pleadings and found that the cause of action arose on 21st November 2018 as pleaded in the claim. Applying Section 90 of the Employment Act, which bars civil actions arising from employment instituted more than three years after the cause of action, the limitation window expired on 20th November 2021. The claim, filed on 27th June 2022, was therefore out of time and incurably defective, justifying striking out/dismissal.
Whether the preliminary objection should be allowed
The preliminary objection had merit and was allowed; the claim was dismissed with no order of costs
Having found the suit time-barred on the face of the pleadings, the court concluded that the preliminary objection raised by the Respondent was well founded. The suit was dismissed accordingly, and the court declined to award costs, making no order as to costs.
Legal principles established
#- Claims arising from employment must be instituted within three years of the cause of action as prescribed by Section 90 of the Employment Act, 2007, failing which they are time-barred
Court orders
#- 1.The preliminary objection dated 28th July 2022 is allowed
- 2.The claim is dismissed for being time-barred
- 3.No order as to 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, 2007 (Section 90 relied on for limitation)
Relief refused
#Claimant's claim for unlawful termination of employment
Claim filed outside the three-year limitation period prescribed by Section 90 of the Employment Act, 2007
Costs
There will be no order of costs - each party to bear their own costs
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.
In terms of section 90 of the employment act 2007, the window within which the claimant was to file this claim expired on 20/11/2021. The claim was however filed in July 2022. The claim is therefore time barred.
The preliminary objection indeed has merit and is allowed. The claim is dismissed accordingly. There will be no order of costs.
Issues in the judgment
#Judgment states the claim was filed in July 2022, while the Respondent's submissions record the filing date as 27th June 2022
The judgment recites examination of 'evidence and submissions of the applicant' although the application was filed by the Respondent
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Railways Workers Union (K) v Africa Star Railway Operations Company Limited (Cause E.455 of 2022) [2025] KEELRC 438 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/438/eng@2025-02-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.