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Employment law [2026] KEELRC 2360 (KLR)

Njeu v Kenya Veterinary Vaccine Production Institute & another

Njeu v Kenya Veterinary Vaccine Production Institute & another (Cause E263 of 2025) [2026] KEELRC 2360 (KLR) (31 July 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Cause E263 of 2025
Judge
["AK Nzei"]

The Claimant’s cause of action arose in 2005, long before the Employment Act, 2007 came into force, and even on a continuing-injury basis the suit was filed more than twelve months after retirement in July 2023. The claim was therefore time-barred, incompetent, and beyond the Court’s jurisdiction.

Source excerpt

  • Limitation of actions
  • Jurisdiction
  • Statute-barred claim
  • Continuing injury
  • Salary underpayment
  • House allowance
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Employment and labour law [2026] KEMC 448 (KLR)

Bukhebi v Factory Guards Ltd

Bukhebi v Factory Guards Ltd (Cause E013 of 2026) [2026] KEMC 448 (KLR) (30 July 2026) (Ruling)

Court
Magistrate's Court
Case number
Cause E013 of 2026
Judge
["EM Mwamuye"]

The Court held that the Respondent’s objection was a valid preliminary objection because limitation is a pure point of law affecting jurisdiction. It found that the applicable limitation provision is section 89 of the revised Employment Act, that the Claimant’s dismissal took effect on 15 February 2021, and that the later criminal acquittal on 4 October 2023 did not restart or extend time. Since the suit was filed on 22 January 2026, it was filed outside the three-year limitation period and also outside any alternative twelve-month continuing-injury period. The Court therefore lacked jurisdic…

Source excerpt

  • Preliminary objection
  • Jurisdiction
  • Statutory limitation
  • Termination of employment
  • Continuing injury
  • Effect of criminal acquittal on employment claim
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Employment and labour law [2026] KEELRC 2222 (KLR)

Riggern v Base Titanium Limited

Riggern v Base Titanium Limited (Employment and Labour Relations Cause E135 of 2025) [2026] KEELRC 2222 (KLR) (30 July 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Cause E135 of 2025
Judge
["K Ocharo"]

The objection failed because the limitation question turned on disputed facts, including when the cause of action accrued and whether the underpayment was a continuing injury ending only on redundancy in December 2024. Those matters could not be resolved on the pleadings alone, so the objection was not a true preliminary objection under Mukisa Biscuit and Oraro v Mbaja.

Source excerpt

  • Preliminary objection
  • Limitation of actions
  • Continuing injury
  • Pure point of law
  • Costs
  • Salary underpayment
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Employment and labour law [2026] KEELRC 1907 (KLR)

Waweru v CMC Ravenna Kenya

Waweru v CMC Ravenna Kenya (Employment and Labour Relations Cause E800 of 2025) [2026] KEELRC 1907 (KLR) (6 July 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Cause E800 of 2025
Judge
["HS Wasilwa"]

The Court held that although the claimant’s employment ended in 2019, the claim also sought relief for non-remittance of tax to KRA, which was treated as a continuing injury still affecting the claimant. On that basis, the preliminary objection on limitation failed, and the dispute was allowed to proceed to hearing.

Source excerpt

  • Preliminary objection
  • Limitation of actions
  • Continuing injury
  • Unpaid wages
  • Paye/kra remittance
  • Leave pay
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Employment and labour law [2026] KEMC 564 (KLR)

Mulati v County Secretary County Government of Bungoma & 3 others

Mulati v County Secretary County Government of Bungoma & 3 others (Employment and Labour Relations Cause E008 of 2026) [2026] KEMC 564 (KLR) (30 June 2026) (Ruling)

Court
Magistrate's Court
Case number
Employment and Labour Relations Cause E008 of 2026
Judge
["TO Omono"]

The preliminary objection was founded on limitation, which is a point of law, but its success depended on disputed facts about when the cause of action arose, whether the Claimant was constructively dismissed in 2019, and whether the alleged non-payment of salary was a continuing injury. Because those facts could not be conclusively determined at the interlocutory stage, the objection was not properly before court and had no merit.

Source excerpt

  • Preliminary objection
  • Limitation of actions
  • Constructive dismissal
  • Continuing injury
  • Jurisdiction
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Employment and labour law [2026] KEELRC 2036 (KLR)

Mburu v Coast Development Authority

Mburu v Coast Development Authority (Employment and Labour Relations Cause E090 of 2025) [2026] KEELRC 2036 (KLR) (25 June 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Cause E090 of 2025
Judge
["K Ocharo"]

The claim was pleaded as accruing no later than November and December 2019, while any continuing injury necessarily ceased by 26 August 2020 when the claimant moved to the parent Ministry. The suit was filed on 10 September 2025, long after the three-year and twelve-month limitation periods had expired. The preliminary objection was therefore competent, properly raised, and merited.

Source excerpt

  • Preliminary objection
  • Jurisdiction
  • Statute of limitation
  • Section 89 employment act
  • Continuing injury
  • Breach of contract
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Employment and labour law [2026] KEELRC 1751 (KLR)

Macharia v Chief Administrative Secretary (CAS) of the Ministry of Agriculture and Livestock Development & another

Macharia v Chief Administrative Secretary (CAS) of the Ministry of Agriculture and Livestock Development & another (Petition E239 of 2025) [2026] KEELRC 1751 (KLR) (25 June 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Petition E239 of 2025
Judge
["M Mbarũ"]

The court found that the respondent effectively admitted the petitioner’s pension dues, less the bond obligation, through official correspondence, and entered judgment for the net amount. The leave claim was treated as stale and abated because it was a continuing injury not pursued within time. The constitutional allegations were not properly particularised and were therefore not independently determined.

Source excerpt

  • Retirement dues
  • Pension entitlement
  • Certificate of service
  • Accrued leave claim
  • Continuing injury
  • Bond obligation deduction
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Employment law [2026] KEELRC 2022 (KLR)

Gona v Coast Development Authority

Gona v Coast Development Authority (Employment and Labour Relations Cause E091 of 2025) [2026] KEELRC 2022 (KLR) (25 June 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Cause E091 of 2025
Judge
["K Ocharo"]

The court held that the preliminary objection was a proper point of law because the relevant dates were pleaded and undisputed. On the merits, both heads of claim were time-barred: the salary increment claim accrued in July 2012, or at latest December 2019, and was also out of time even on a continuing injury analysis because suit was filed after the twelve-month period from retirement; the underpayment claim accrued in December 2019 and expired three years later. Terminal dues processing in 2024 did not restart limitation.

Source excerpt

  • Preliminary objection
  • Jurisdiction
  • Statute-barred claim
  • Continuing injury
  • Salary increments
  • Underpayment
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Employment and labour law [2026] KEELRC 1715 (KLR)

Kirotich v Kenya Commercial Bank Ltd

Kirotich v Kenya Commercial Bank Ltd (Employment and Labour Relations Miscellaneous E473 of 2025) [2026] KEELRC 1715 (KLR) (23 June 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Miscellaneous E473 of 2025
Judge
["HS Wasilwa"]

The court held that the applicant's complaint was a termination claim that accrued in April 2016, not a continuing injury claim, and section 89 of the Employment Act imposes a strict three-year limitation period that the court cannot extend. The fact that criminal proceedings were pending did not stop time from running. The application was therefore not capable of being granted.

Source excerpt

  • Limitation of actions
  • Extension of time
  • Continuing injury
  • Constructive dismissal
  • Termination of employment
  • Jurisdiction
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Employment law [2026] KEELRC 1674 (KLR)

Ngeno v Public Service Commission & 3 others

Ngeno v Public Service Commission & 3 others (Cause E157 of 2025) [2026] KEELRC 1674 (KLR) (19 June 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Cause E157 of 2025
Judge
["CN Baari"]

The claim was brought on 28 February 2025, while the pleaded termination date was 7 April 2020, placing the suit well outside the three-year limitation period under section 89 of the Employment Act. The relevant facts on limitation were apparent from the pleadings, so the court held that the claim was statute barred, the objection succeeded, and the court lacked jurisdiction to entertain the matter.

Source excerpt

  • Preliminary objection
  • Statutory time bar
  • Accrual of cause of action
  • Termination of employment
  • Jurisdiction of the elrc
  • Continuing injury
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.