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ELRCDismissedCause No. E1137 of 2025

Teresia Njoki Ngugi v Kenya County Government Workers Union

Employment & Labour Relations Court of Kenya
24 September 2026
1,757 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court ruled that a time-bar objection cannot succeed where the claim's timing depends on disputed facts, so the gratuity case proceeds to full hearing.

What this practically means

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Executive summary

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The Respondent union filed a Notice of Preliminary Objection dated 24th February 2026 seeking striking out of the Claimant's Memorandum of Claim dated 16th October 2025 as statutorily time barred under Section 89 of the Employment Act, 2007, contending the cause of action accrued no later than 23rd November 2021 when it disputed the gratuity payable, and that the Court therefore lacked jurisdiction. The Claimant opposed, arguing the objection rested on disputed facts: she pleaded that after her 2018 retirement the Respondent acknowledged the gratuity liability, agreed to pay by instalments, made payments (her last instalment allegedly on 8th July 2025) and gave assurances of settlement. Baari J framed a single issue: whether the objection raised a pure point of law. Applying Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd, as reaffirmed in Mutungi v FEP Sacco Society Limited, and Oraro v Mbaja, the court held that whether payments were made after 6th May 2021, whether the Respondent acknowledged the debt, and the legal effect of the correspondence are evidential questions, not pure questions of law. The Court could not, at the objection stage, reject the Claimant's pleaded facts and accept the Respondent's version. Jurisdiction could not be treated as ousted on unestablished disputed facts. The preliminary objection was found not to qualify as a proper preliminary objection, was dismissed with costs to the Claimant, costs to be in the cause, allowing the claim to proceed to full hearing.

Questions the Court framed

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

  1. 1.Whether the Respondent's Notice of Preliminary Objection raises a pure point of law capable of disposing of the suit on account of limitation under Section 89 of the Employment Act, 2007

Key legal issues

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01

Whether the preliminary objection raising statutory limitation under Section 89 of the Employment Act is a pure point of law

Holding

It is not; the objection requires ascertainment of contested facts on accrual, subsequent payments and acknowledgments, and was dismissed.

Reasoning

The court applied Mukisa Biscuit and Oraro v Mbaja: a preliminary objection must rest on undisputed facts. Here the parties dispute whether payments, promises or acknowledgments occurred after 6th May 2021 and the effect of the 23rd November 2021 letter. Such evidential questions cannot be resolved at the objection stage, so the limitation/jurisdiction question must await a full hearing.

p. 7

Legal principles established

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  • A preliminary objection on limitation cannot succeed where the date of accrual of the cause of action depends on contested facts requiring evidence.

Court orders

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  1. 1.The Respondent's Notice of Preliminary Objection dated 24 February 2026 is dismissed with costs to the Claimant
  2. 2.The costs awarded shall be in the cause

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, 2007 (Section 89 limitation raised as preliminary objection)

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.

I find the Respondent's Notice of Preliminary Objection dated 24 February 2026 is without merit, and is accordingly dismissed with costs to the Claimant.
p. 9Final orders - dismissal of preliminary objection
The costs awarded shall be in the cause.
p. 9Costs
jurisdiction cannot be said to have been ousted on the basis of disputed facts which have not yet been established
p. 8Limitation and jurisdiction
a Preliminary Objection must raise a pure point of law capable of disposing of the suit and must be argued on the assumption that the facts pleaded by the opposite party are correct
p. 6Mukisa Biscuit test as restated

Issues in the judgment

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minor

Preliminary objection dated 24th February 2026 while claim was filed 16th October 2025; ruling delivered 24th September 2026 - date sequence unusual but internally stated.

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, "Teresia Njoki Ngugi v Kenya County Government Workers Union", Case Analysis (2026). Cause No. E1137 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2511/eng@2026-09-24

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