Dr. Stephen Mwenje Mbiraru v Patmed Healthcare Limited
The bottom line
#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 suit is time barred under section 89 of the Employment Act
- 2.Whether the claim, as pleaded, is a continuing injury claim subject to the one-year limitation period
- 3.Whether the Respondent's preliminary objection should be upheld
Key legal issues
#Whether the claim is a continuing injury claim subject to a one-year limitation period
The claim is anchored on constructive dismissal, which is not a continuing injury claim; the three-year limitation period applies.
The court held that the cause of action is constructive dismissal, not the non-remittance of statutory dues. The alleged non-remittance of NHIF, NSSF and PAYE was merely the reason the claimant resigned and pleaded constructive dismissal, so the one-year continuing-injury window does not apply.
Whether the suit was filed within the limitation period
The suit, filed on 27th February 2026, was within the three-year period which expired on 28th February 2026.
The resignation notice took effect on 28th February 2023 per clause 10.1 of the contract. Section 89 therefore gave the claimant until 28th February 2026, and filing on 27th February 2026 was one day within time.
Legal principles established
#- A claim for constructive dismissal is not a continuing injury claim and must be filed within three years of the cause of action arising.
- Breaches relating to non-payment of terminal dues are stand-alone claims, not continuing injuries, attracting the three-year limitation period.
Court orders
#- 1.The Respondent's preliminary objection is dismissed
- 2.Costs of the objection are granted to the Claimant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act and ELRC Procedure Rules
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.
The claim as presented is clearly anchored on constructive dismissal. A claim for constructive dismissal is not a continuing injury claim which ought to be presented within one year of cessation of the injury complained of.
As such, the last day for filing suit in terms of section 89 of the Employment Act was 28th February 2026.
Consequently, the Respondent's preliminary objection is unmerited and is dismissed.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Dr. Stephen Mwenje Mbiraru v Patmed Healthcare Limited", Case Analysis (2026). ELRC Cause No E209 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2772/eng@2026-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.