Muthinga v Kenya Relief Organization (Cause E057 of 2025) [2025] KEELRC 2629 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the suit was statute barred under Section 89 of the Employment Act
The suit was statute barred; the cause of action accrued on termination on 26th May, 2021, the three-year period ended on 25th May, 2024, and the suit filed on 30th June, 2025 was over a year late, depriving the court of jurisdiction
The court traced the cause of action to the date of termination of employment, being the earliest date the employee could contest the termination. The claimant's own pleadings and witness statement fixed termination on 29th May, 2021, with a termination letter dated 26th May, 2021. The three-year limitation period expired on 25th May, 2024, yet the suit was filed on 30th June, 2025. The court therefore lacked jurisdiction and struck out the suit. Constitutional allegations of discrimination did not exempt the claim from Section 90 as argued.
Whether the preliminary objection met the Mukisa Biscuit threshold
Yes; the objection raised a pure point of law (limitation) whose determination required no ascertainment of facts beyond the pleadings
Applying Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd and the G4S formulation, the court found the objection rested on a plea of limitation, a pure point of law arising from the pleadings, since the termination date was admitted or evident from the claimant's own documents. The objection was therefore properly before the court and dispositive of the suit.
Legal principles established
#- Limitation of actions is a jurisdictional issue and may be raised at any stage of the proceedings by the parties or by the court suo motu
- Time under Section 89 of the Employment Act starts running from the date of termination of employment, and negotiations, conciliation, mediation or arbitration do not postpone its running
Court orders
#- 1.The claimant's suit dated 30th June, 2025 and amended on 18th July, 2025 is struck out for want of jurisdiction
- 2.Parties shall bear their own costs
- Jurisdiction invoked
- Employment and Labour Relations Court Act, Section 12; Employment Act, Section 90
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muthinga v Kenya Relief Organization (Cause E057 of 2025) [2025] KEELRC 2629 (KLR)", Case Analysis (2025). Not stated in excerpt (Memorandum of Claim dated 30th June, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2629/eng@2025-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.