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ELRCStruck OutNot stated in the judgment excerpt (Cause filed 8 February 2024)

Rift Valley Railways Workers' Union (K) v Kenya Railways Corporation (Cause E103 of 2024) [2025] KEELRC 1061 (KLR)

Employment and Labour Relations Court
3 April 2025
473 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~2 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court struck out a union's unfair dismissal claim filed nearly ten years late, confirming the strict three-year deadline under section 90 of the Employment Act.

What this practically means

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Executive summary

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The Rift Valley Railways Workers Union sued Kenya Railways Corporation on 8 February 2024, disputing the alleged unlawful dismissal of its grievant, Francis Oduor Odera, a Locomotive Driver in the Eastern Region, Mombasa. The Respondent filed a Notice of Preliminary Objection on 21 June 2024, contending that the Court lacked jurisdiction because the claim was time-barred under section 90 of the Employment Act, that the suit was incompetent and fatally defective, and that its continuance was an abuse of process. Directions on the objection were given on 11 February 2025, but neither party filed submissions within the agreed timelines. Considering the Statement of Claim and the preliminary objection, the Court noted that the grievant was informed of his dismissal on 21 October 2014 (effective 1 September 2014), and that his appeal was dismissed by letter dated 10 February 2015. After conciliation failed, the Union filed Nairobi Cause No. 830 of 2019, in which the Court declined jurisdiction on 18 February 2021 because other Causes on the same subject matter existed. The Court held that the cause of action accrued on 21 October 2014 and that under section 90 of the Employment Act, 2007, suit should have been filed within three years. The Cause, filed on 8 February 2024, was outside the limitation period. The Court declined jurisdiction and struck out the Cause, with no order on costs because the Respondent had also failed to file submissions within the timelines. Delivered virtually on 3 April 2025 by Radido Stephen, Judge.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether this Court has jurisdiction to hear the Claim dated 26 March 2024 given section 90 of the Employment Act limitation period
  2. 2.Whether the suit and application are incompetent, fatally defective and an abuse of court process

Key legal issues

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01

Limitation under section 90 of the Employment Act

Holding

The suit is time-barred and the Court declines jurisdiction

Reasoning

The Grievant was informed of his dismissal on 21 October 2014, effective 1 September 2014, and of the dismissal of his appeal on 10 February 2015. Section 90 of the Employment Act, 2007 requires claims to be brought within three years of accrual. The Union instead filed the present Cause on 8 February 2024, nearly a decade later, and after an earlier Cause (Nairobi Cause No. 830 of 2019) in which the Court had declined jurisdiction. The claim was therefore lodged outside the prescribed period.

p. 2

Legal principles established

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  • Under section 90 of the Employment Act, 2007, employment litigation must be commenced within 3 years of when the cause of action accrues
  • A cause of action for unlawful dismissal accrues when the employee is informed of the dismissal

Court orders

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  1. 1.The Court declines jurisdiction
  2. 2.The Cause is struck out
  3. 3.No order on costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction; preliminary objection on limitation under section 90 of the Employment Act, 2007

Relief refused

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Hearing of the unfair dismissal claim on the merits

The cause of action accrued on 21 October 2014 and the Cause was filed on 8 February 2024, outside the 3-year limitation period under section 90 of the Employment Act

p. 2

Costs

No order on costs since the Respondent failed to file submissions within agreed timelines

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The instant Cause was filed in Court on 8 February 2024, outside the prescribed limitation period.
p. 2limitation
The Court declines jurisdiction and strikes out the Cause with no order on costs since the Respondent failed to file submissions within agreed timelines.
p. 2final orders / disposition

Issues in the judgment

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minor

The case number of the present Cause is not stated in the judgment, and the preliminary objection refers to a 'Claim dated 26th March 2024' while the judgment records the suit as filed on 8 February 2024

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, "Rift Valley Railways Workers' Union (K) v Kenya Railways Corporation (Cause E103 of 2024) [2025] KEELRC 1061 (KLR)", Case Analysis (2025). Not stated in the judgment excerpt (Cause filed 8 February 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1061/eng@2025-04-03

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