Kiige v National Hospital Insurance Fund (Civil Appeal 657 of 2019) [2026] KECA 309 (KLR) (20 February 2026) (Judgment)
- Court
- Court of Appeal
- Case number
- 309
- Citation
- [2026] KECA 309 (KLR)
- Decided
- 20 February 2026
We allow the appeal and set aside the judgment of the trial court. The matter is remitted to the ELRC for disposal on the basis that it was filed on time.
Facts
The appellant, Francis Kimani Kiige, was employed by the National Hospital Insurance Fund (NHIF) until a termination letter was sent on 17th September, 2007. The appellant appealed against the termination within 28 days, but the appeal was not resolved until 27th March, 2012. The appellant then challenged the termination in the Employment and Labour Relations Court (ELRC) in 2015.
Issues
- Whether the trial court erred in finding the appellant's claim time barred due to the administrative appeal process not staying the running of the time of limitation.
- Whether the trial court erred in deciding the suit on an uncanvassed issue and fact, contrary to Article 50 of the Constitution.
Reasoning
The court held that the administrative appeal process did not stay the running of the time of limitation, thus the suit was time barred. However, the court found that the trial court erred in deciding the suit on an uncanvassed issue and fact.
Outcome
Appeal allowed, judgment set aside, remitted to ELRC.
Orders
- Remitted to ELRC for disposal on the basis that it was filed on time.
- Court to decide whether to hear the matter de novo or dispose of it on the evidence on record.
- ELRC to file together with this judgment be placed before the Presiding Judge of the ELRC within 14 days of this decision for directions on expedited hearing.
Authorities cited
Legislation (2)
- Employment Act, 2007
- Limitation of Actions Act
Cases cited (8)
- Charles C. Sande v Kenya Co-Operative Creameries Limited
- Captain Harry Gandy v. Caspar Air Charters Ltd
- Owners of the Motor Vessel 'Lillian S' v Caltex Oil (Kenya) Ltd
- Letang vs. Cooper
- Drummond Jackson vs. Britain Medical Association
- Iga v Makerere University
- Employment & Labour Relations Court of Kenya
- Employment and Labour Relations Court of Kenya
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