Nzili v Kenya National Union of Teachers (Cause E007 of 2024) [2025] KEELRC 2566 (KLR)
The bottom line
#A valid appointment to a union advisor role still lost its KES 11 million salary claim because the suit was filed more than a year late.
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 appointment of the claimant as Liaison and Labour Advisor to the Secretary General was valid and binding on the respondent union
- 2.Whether the claimant is entitled to the salary arrears claimed
- 3.Whether the claim is time-barred under section 90 of the Employment Act as a continuing injury
Key legal issues
#Validity of the claimant's appointment as Liaison and Labour Advisor
The appointment was lawful and valid under the LRA; the Secretary General was authorized to issue it and the alleged restricting policy was never produced
Under section 2 of the LRA a secretary general may issue written communication to any person with delegated authority; the appointment by Wilson Sossion under the union's hand was therefore valid. The new officials, upon assuming office, continued the relationship and payments from union funds and took no steps to revoke the appointment or counterclaim to recover monies paid. For work done under that appointment, the claimant was entitled to his dues.
Limitation under section 90 of the Employment Act
The claim for monthly salary arrears was a continuing injury and was time-barred, having been filed over 12 months after the appointment ended in June 2022
Non-payment of salary accrued monthly, amounting to a continuing injury under section 90 of the Employment Act. Following the Court of Appeal and ELRC authorities, such claims must be filed within 12 months from cessation of the injury. The claimant allowed his inaction to continue until the appointment ended in June 2022, and the suit filed on 31 December 2024 exceeded the 12-month window that lapsed on 31 May 2023.
Legal principles established
#- A benefit accruing to an employee on a monthly basis constitutes a continuing injury under section 90 of the Employment Act, and such claims must be filed within 12 months of cessation
- An appointment made by a trade union's Secretary General under delegated authority is the position of the secretary-general, not merely the person occupying the office
Court orders
#- 1.The claim is dismissed
- 2.Each party is to bear its own costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- First-instance employment and labour relations jurisdiction of the ELRC; section 90 of the Employment Act and the Labour Relations Act applied
Relief refused
#Payment of Ksh. 11,157,541 being salary arrears
The claim premised on monthly salary arrears constituted a continuing injury and was filed more than 12 months after cessation of the injury, hence time-barred under section 90 of the Employment Act
Costs
Each party is to bear its 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.
To file the claims as outlined solely based on salary arrears is time-barred under section 90 of the Employment Act. The claim herein is dismissed. Each party is to bear its costs.
There is no contest that a claim premised on continuing injury must be filed with 12 months after cessation of the injury as provided by section 90.
For work done as appointed, the claimant is entitled to his dues.
Issues in the judgment
#Internal inconsistency on the claimant's last gross salary - stated as Ksh. 887,230 in one paragraph and Ksh. 887,239 in another
Inconsistent dates for election of new officials - July 2021 in one passage and June 2021 in another
Claimant's name not stated in the judgment; respondent referred to as KNUT in the appointment letter but case number and full party names are absent from the header
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nzili v Kenya National Union of Teachers (Cause E007 of 2024) [2025] KEELRC 2566 (KLR)", Case Analysis (2025). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2566/eng@2025-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.