Court Delivers Landmark Ruling on Time Limits for Employment Claims

The Employment and Labour Relations Court has maintained that employees who believe they have been unfairly dismissed or denied their rights at work must move to court within three years or risk losing their claims, regardless of their merits.

In a landmark judgment, delivered on June 25, Lady Justice Monica Mbarũ dismissed a petition by a former police accountant, who sought compensation and salary arrears after challenging his dismissal nearly nine years after his salary was stopped.

The case stemmed from events in April 2016 when the claimant was transferred to the Kenya Police Headquarters in Nairobi.

Court Rules Employment Claims Must Be Filed Within Three Years

He told the court that upon reporting, he was verbally instructed to remain at home while office space and duties were being arranged.

A month later, his salary was stopped without explanation.

The claimant said the loss of income plunged his family into financial hardship, forcing him to return to his rural home in Bungoma.

He further claimed that his wife became ill and his daughter was unable to continue with her university education because of the family’s financial struggles.

Years later, he learned that he had been dismissed from service for allegedly absconding from duty.

He moved to court in 2025, arguing that he had never been served with a notice to show cause and that his dismissal violated his constitutional rights.

The court agreed that the disciplinary process was flawed, finding that the notice to show cause had not been properly served.

Also Read: IG Kanja Faces Court Action Over Unannounced Nairobi Road Closures

Nine-Year Delay Proved Fatal to the Claim

However, Justice Mbarũ ruled that the delay in filing the case was fatal.

Citing the decision in Beatrice Kahai Adagala v The Postal Corporation of Kenya [2015] eKLR, the judge said:

“Much as we sympathize with the appellant, if that is true, we cannot help her as the law ties our hands. Section 90 of the Employment Act 2007 is mandatory in terms. A claim based on a contract of employment must be filed within three years.”

The judge noted that once Kinisu’s salary stopped in April 2016, he ought to have acted immediately instead of waiting almost a decade to seek legal redress.

“This position is reiterated in Kenya Railways Corporation v Ododa & 216 others [2024] KECA 1620 (KLR). Immediately, the petitioner found himself without a salary, and he was sent without any written communication; diligence demanded that he should act on such an eventuality. Since 5 April 2016, he filed this petition in 2025 after 9 years,” the court said.

Also Read: Court Decides if Cases Can Be Dismissed Due to Power Outages and Technical Glitches

Employers Cannot Be Expected to Keep Records Forever

Justice Mbarũ further explained that the law imposes strict timelines for employment claims because employers are required to keep employment records only for a limited period.

“In any event, even where the petitioner is to find merit, which I do not think is the case, under sections 10(6) and 74 of the Employment Act, an employer is allowed to keep work records for five years only. After such a period, records may be destroyed or not available due to constant changes in officers and offices,” the judge held.

She added that the limitation period protects both parties by ensuring employment disputes are litigated while evidence is still available.

“The time period allocated under section 89 of the Employment Act is therefore meant to insulate the employee, where the cause of action is still fresh, and the employer, who should keep work records and produce them in court once suit is filed.”

Waiting 9 years to file a petition instead of a Memorandum of Claim is an abuse of the court process.”

Follow our WhatsApp Channel and X Account for real-time news updates.