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ELRCStruck OutCause filed 23 September 2023 (number not stated in judgment)

Murunga v Kenya Power & Lighting Co (Cause E774 of 2023) [2025] KEELRC 1569 (KLR)

Employment and Labour Relations Court
29 May 2025
648 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan court struck out an unfair termination claim filed just five days late, confirming the three-year employment claim deadline is strict and non-negotiable.

What this practically means

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Executive summary

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The Claimant sued Kenya Power & Lighting Co on 23 September 2023 alleging unfair termination of employment effected on 19 September 2020, following a notice of attainment of retirement age issued on 20 August 2020. The Respondent raised a preliminary objection contending that the Cause was time-barred under section 89 of the Employment Act, which requires employment claims to be filed within three years. The Court found that the Claimant's legal injury began on 20 August 2020 with the notice and crystallised on 19 September 2020 when retirement took effect, giving her until 18 September 2023 to file. The Cause, filed on 23 September 2023, was a few days out of time. Applying Court of Appeal authority, notably Divecon v Samani and Beatrice Kahai Adagala v Postal Corporation of Kenya, the Court held that the limitation period in contract-based employment claims is mandatory and cannot be extended; extension is available only in tort claims under sections 27 and 28 of the Limitation of Actions Act. The Court upheld the preliminary objection, struck out the Cause, and made no order on costs. Although sympathising with the Claimant, the Court held the law left it no discretion to entertain a claim filed outside the prescribed period.

Questions the Court framed

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

  1. 1.Whether the Court lacks jurisdiction because the Claim was filed outside the three-year limitation period prescribed by section 89 of the Employment Act
  2. 2.When the cause of action accrued for purposes of limitation
  3. 3.Whether the Court can extend time or grant leave after lapse of limitation

Key legal issues

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01

Accrual of cause of action for retirement-age termination

Holding

Legal injury commenced with the notice of retirement (20 August 2020) and crystallised on the effective retirement date (19 September 2020)

Reasoning

The Respondent issued notice of attainment of retirement age on 20 August 2020, with effective retirement on 19 September 2020. The Court treated the notice date as the start of the legal injury and the retirement date as crystallisation, anchoring the computation of the three-year period under section 89 of the Employment Act.

p. 2
02

Effect of filing beyond the statutory limitation period

Holding

The Court is divested of jurisdiction where the claim is time-barred; limitation in contract claims cannot be extended

Reasoning

Relying on section 89 of the Employment Act and Court of Appeal authority in Divecon v Samani and Beatrice Kahai Adagala, the Court held that a contract-based employment claim filed more than three years after accrual is time-barred, and no court may entertain it or extend time, since section 90 is mandatory and extension applies only to tort claims under the Limitation of Actions Act.

p. 2

Legal principles established

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  • An employment claim founded on contract must be filed within 3 years of the cause of action accruing, and the limitation period cannot be extended in contract claims

Court orders

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  1. 1.Notice of Preliminary Objection upheld
  2. 2.Cause 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 under the Employment Act, section 89 limitation

Relief refused

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Hearing of the claim for unfair termination

Claim filed outside the three-year limitation period in section 89 of the Employment Act

p. 2

Costs

No order on costs (each party to bear own costs implied)

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.

In light of the above, the Court upholds the Notice of Preliminary Objection, and strikes out the Cause with no order on costs.
p. 2disposition
the limitation period is never extended in matters based on contract. The period can only be extended in claims founded on tort and only when the applicant satisfies the requirements of Sections 27 and 28 of the Limitation of Actions Act.
p. 2limitation of employment claims
The Claimant’s legal injury or legal wrong started on 20 August 2020, and accrued or crystallised on 19 September 2020.
p. 2accrual of cause of action

Issues in the judgment

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minor

Directions date (19 March 2025) precedes the Respondent's submissions filing date (5 March 2025) as recorded

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, "Murunga v Kenya Power & Lighting Co (Cause E774 of 2023) [2025] KEELRC 1569 (KLR)", Case Analysis (2025). Cause filed 23 September 2023 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1569/eng@2025-05-29

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