Kenya Case Law

Mbatha v Ismax Security Limited

Mbatha v Ismax Security Limited [2025] KEELRC 1827 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E324 of 2024

Judge

JW Keli

The appellate court found that the trial magistrate erred in allowing the preliminary objection and striking out the appellant's suit as time barred. The claim was for unfair termination, which is subject to a three-year limitation period under section 90 of the Employment Act, not the twelve-month period applicable to continuing injury claims. The preliminary objection did not raise a pure point of law, as it required determination of whether the claim was for unfair termination or continuing injury, which could only be resolved by examining evidence. The trial court also failed to set aside…

Source excerpt

• Unfair Termination
• Limitation Periods
• Preliminary Objection
• Continuing Injury
• Jurisdiction
• Civil Procedure Application

Karuru & 5 others v Egerton University

Karuru & 5 others v Egerton University [2025] KEELRC 1627 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E035 of 2023

Judge

J Rika

The court declined to strike out a lecturers’ claim against Egerton University, finding the employment relationship was not conclusively ended and limitation was not shown.

• Limitation Of Actions
• Pay Discrimination
• Continuing Injury
• Termination Of Employment
• Constitutional Rights
• Employment Contracts

Board of Management Siburi Mixed Secondary v Odek

Board of Management Siburi Mixed Secondary v Odek [2025] KEELRC 1459 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E039 of 2024

Judge

Nzioki wa Makau

The court found that the respondent's claim for underpayment was not time-barred because it was based on a continuing injury, and the claim was filed within the statutory period prescribed by section 90 of the Employment Act. The court affirmed that a defence of limitation must be specifically pleaded, which the appellant failed to do at trial. The magistrate's award was upheld as the sums awarded were consistent with the statutory salary for a bursar, and the respondent's claim was properly before the court. The appeal was dismissed in its entirety, with costs awarded to the respondent.

Source excerpt

• Limitation Of Actions
• Continuing Injury
• Underpayment Of Wages
• Statutory Minimum Wage
• Pleading Special Damages

Mwangi v Lake Basin Development Authority

Mwangi v Lake Basin Development Authority [2025] KEELRC 1382 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E001 of 2025

Judge

JK Gakeri

The court dismissed a preliminary objection that the employment claim was time-barred, finding disputed facts about accrual and continuing injury required a full hearing.

• Limitation Of Actions
• Continuing Injury
• Jurisdiction Of Court
• Preliminary Objection
• Public Service Appointments
• Preliminary-objection

Mutinda v Styroplast Limited

Mutinda v Styroplast Limited [2025] KEELRC 1306 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 1818 of 2017

Judge

CN Baari

The court struck out a claim for unpaid overtime and leave, holding it was not proved and was time-barred under section 90 of the Employment Act.

• Terminal Dues
• Overtime Pay
• Unpaid Leave
• Limitation Periods
• Continuing Injury
• Fixed Term Contracts

Wanyonyi v Seneca East Africa Limited

Wanyonyi v Seneca East Africa Limited [2025] KEELRC 1353 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E178 of 2023

Judge

NJ Abuodha

The court held that the trial court erred in dismissing the entire claim as time barred under section 90 of the Employment Act. It found that claims for underpayment, unpaid leave, and savings deductions are recognized as continuing injuries by recent appellate jurisprudence, and since the appellant filed the claim within 8 months of retirement, these claims were within the 12-month statutory period. Other claims, such as gratuity and unpaid salary, were filed within three years and thus not time barred. The trial court misapplied the law by failing to distinguish between continuing injuries…

Source excerpt

• Limitation Of Actions
• Continuing Injury
• Terminal Benefits
• Unpaid Wages
• Statutory Gratuity
• Deductions From Salary

Gitatha v Teachers Service Commission

Gitatha v Teachers Service Commission [2025] KEELRC 1073 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E454 of 2024

Judge

CN Baari

The court struck out an employment claim as time barred under section 90 of the Employment Act, holding that the alleged injury ended on the claimant’s retirement.

• Limitation Periods
• Continuing Injury
• Jurisdiction
• Collective Bargaining Agreements
• Employment-law
• Limitation-periods

Ngure v Kenya Rural Roads Authority

Ngure v Kenya Rural Roads Authority [2025] KEELRC 500 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E072 of 2024

Judge

K Ocharo

The court dismissed a preliminary objection that the employment claim was time-barred, holding that limitation and continuing injury issues required evidence.

• Limitation Of Actions
• Continuing Injury
• Employment Contracts
• Salary Arrears
• Employment-law
• Limitation-of-actions

Kibidi v Teachers Service Commission

Kibidi v Teachers Service Commission [2025] KEELRC 64 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E386 of 2024

Judge

S Radido

The claim is statute-barred under section 90 of the Employment Act, 2007, because the cause of action, identified as a 'continuing injury,' commenced on 1 July 2017 and 2 January 2020, and the suit was filed on 21 May 2024, which is more than 12 months after the cessation of the alleged legal wrongs.

Source excerpt

• Limitation Of Actions
• Continuing Injury
• Collective Bargaining Agreements
• Wrongful Job Placement
• Underpayment Of Wages
• Discrimination In Employment

Karania t/a Kipmatt Limited v Masheti

Karania t/a Kipmatt Limited v Masheti [2024] KEELRC 13193 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E022 of 2022

Judge

DN Nderitu

Employment appeal partly allowed: the court upheld findings of unfair termination but set aside service pay because the employee was an NSSF member.

• Unfair Termination
• Compensation For Dismissal
• Minimum Wage Compliance
• Service Pay Entitlement
• Procedural Fairness
• Continuing Injury