Omariba Elijah Kemonde v Secretary, Teachers Service Commission [2019] KECA 184 (KLR)
- Court
- Court of Appeal
- Case number
- 184
- Citation
- [2019] KECA 184 (KLR)
- Decided
- 11 October 2019
The appeal is dismissed as the applicant failed to file the appeal within the statutory time limit and there was no excusable reason for the delay.
Facts
The applicant, a teacher employed by the Teachers Service Commission, was terminated in February 2012 due to failing to meet academic and professional qualifications. He sought reinstatement and priority in future recruitment, but the Employment and Labour Relations Court denied his request. The applicant then appealed, but the appeal was lodged out of time and dismissed.
Issues
- Whether the applicant's appeal was filed within the statutory time limit
- Whether the applicant's failure to file the appeal within time was excusable
Reasoning
The court found that the applicant failed to provide a reasonable explanation for the delay in filing the appeal and that the appeal was not filed within the statutory time limit. The court also noted that the applicant did not demonstrate an arguable appeal.
Outcome
Appeal dismissed
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