Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCStruck OutNot stated in the judgment (Cause filed 19 January 2017)

Kenya County Government Workers Union v Nairobi City County Public Service Board (Cause 92 of 2017) [2025] KEELRC 2555 (KLR)

Employment and Labour Relations Court
25 September 2025
1,034 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

What this practically means

#

Executive summary

#
The Kenya County Government Workers Union sued the Nairobi City County Public Service Board on 19 January 2017, stating the issue in dispute as the unlawful summary dismissal of its member, Jefierson Mwendwa Mulwa, by a letter dated 22 November 2013 on the ground of desertion resulting from illness. The Grievant testified; the Respondent closed its case without leading evidence. The parties agreed the principal issues were whether the claim was time-barred, whether the dismissal was unfair, and whether reliefs were due. The Respondent argued the claim was caught by limitation, citing two ELRC decisions; the Union countered that because the dismissal was allegedly made by a person without authority it was void ab initio and time did not run against it. The Court held that under section 89 of the Employment Act the Union had until 21 November 2016 (three years from the dismissal) to sue, but filed on 19 January 2017. Although the Grievant had diligently pursued internal appeals to the Respondent and the Public Service Commission and reported a trade dispute to the Cabinet Secretary, Labour, the Court, bound by the Court of Appeal's decisions in G4S Security Services and Rift Valley Railways, held that time does not stop running during conciliation, appeals or other alternative dispute resolution processes. The Court acknowledged the possible injustice but held itself bound. The Cause was struck out with no order on costs. Delivered virtually, dated and signed in Meru on 25 September 2025 by Radido Stephen, Judge.

Questions the Court framed

#

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

  1. 1.Whether the termination of the Claimant's member, Mr Jefierson Mulwa, was wrongful, unlawful, unprocedural and unjustified, thereby entitling the Claimant to the prayers and reliefs sought in the Memorandum of Claim
  2. 2.Whether the Claimant's instant claim is statutorily time-barred
  3. 3.Whether the Claimant is entitled to the reliefs sought

Key legal issues

#
01

Whether the claim was statutorily time-barred under section 89 of the Employment Act

Holding

Yes. The dismissal was on 22 November 2013; the Union had until 21 November 2016 to sue but filed on 19 January 2017, outside the limitation period.

Reasoning

Section 89 of the Employment Act prescribes a 3-year limitation period for actions arising out of a contract of service. The Grievant's internal appeals to the Respondent and the Public Service Commission, and the reporting of a trade dispute to the Cabinet Secretary, did not stop time from running. The Court, bound by Court of Appeal decisions, held that despite ADR processes an action must be commenced within 3 years of accrual of the cause of action. The Union filed outside the prescribed timelines and the Cause was struck out.

p. 3
02

Whether the Grievant's pursuit of internal appeals and a trade dispute excused the delay

Holding

No. The Court acknowledged the Grievant was diligent and that the outcome may not meet standards of justice, but was bound by binding precedent that ADR does not toll limitation.

Reasoning

The Grievant appealed to the Respondent, appealed to the Public Service Commission, and reported a trade dispute to the Cabinet Secretary, Labour. The Court recognised that appellate organs and ADR processes often do not conclude in good time, and that the outcome may not meet standards of justice. However, following G4S Security Services and Rift Valley Railways, the Court held time does not stop running during conciliation or out-of-court negotiations, and the claim had gone stale.

p. 3

Legal principles established

#
  • Time does not stop running on the commencement of conciliation or other alternative dispute resolution mechanisms; an action arising out of a contract of service must be commenced within 3 years of accrual of the cause of action despite internal appeals or ADR processes

Court orders

#
  1. 1.The Cause is struck out
  2. 2.No order on costs

The bench

#

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

majority

Wrote the judgment

Jurisdiction invoked
Reference to jurisdiction under the Employment and Labour Relations Court not expressly stated; dispute lodged as a trade dispute under the Labour Relations Act, 2007

Relief refused

#

All prayers and reliefs sought in the Memorandum of Claim for unlawful summary dismissal of the Grievant

The claim was filed outside the 3-year limitation period prescribed by section 89 of the Employment Act

p. 3

Costs

No order on costs - 'The Cause is struck out with no order on 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.

Time does not stop running on the commencement of conciliation or other alternative dispute resolution mechanisms provided for under the constitution or any other law
p. 3limitation - ADR does not toll time
The decisions from the Court of Appeal make it clear that, despite and in spite of the alternative dispute resolution processes, an action should be commenced within 3 years after the accrual of the cause of action.
p. 3limitation - binding precedent on 3-year period
Regrettably, the Court finds that the Union moved the Court outside the prescribed limitation time and the Court must put down its pen.
p. 3finding on time bar
The Cause is struck out with no order on costs.
p. 3final orders - disposition

Issues in the judgment

#
minor

The case number of the Cause is not stated anywhere in the judgment; only the filing date of 19 January 2017 is given

minor

The judgment is dated 25 September 2025 but records the Cause as heard on 21 May 2025, and paragraph 2 says the Respondent filed a Memorandum of Response on 3 February 2017; internal chronology is consistent but the Cause number remains unidentified

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kenya County Government Workers Union v Nairobi City County Public Service Board (Cause 92 of 2017) [2025] KEELRC 2555 (KLR)", Case Analysis (2025). Not stated in the judgment (Cause filed 19 January 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2555/eng@2025-09-25

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