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.
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...
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