John Kipsang Mutai v Teachers Service Commission [2018] KEELRC 26 (KLR)

Summary at a glance

Facts

Claimant was interdicted by the respondent in January 1991 due to a road accident that rendered him temporarily physically and mentally unstable. He filed a suit for damages at Kisii Law Courts but has not taken further action.

Issues

• Whether the court can extend time for a party to file suit out of time
• Whether the claimant's case falls under the jurisdiction of the court to extend time

Reasoning

The court lacks the requisite jurisdiction or discretion to extend time for the applicant to file suit out of time, as the claim is based on a contract of employment and the limitation period is never extended in matters based on contract.

Outcome

Application dismissed

Orders

• No orders on costs

Authorities cited