Peter Ndegwa Nderitu v Teachers Service Commission [2019] KEELRC 1702 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1702
- Citation
- [2019] KEELRC 1702 (KLR)
- Decided
- 29 April 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour Relations DisputePostureRespondent filed preliminary objections on statute bar grounds.
Holding
The court dismissed the petition as time-barred under section 90 of the Employment Act, 2007.
Facts
Petitioner was dismissed from employment on 18th October, 2012. He filed a petition on 21st September, 2018 seeking reinstatement and other remedies.
Issues
- Whether the provisions of section 90 of the Employment Act apply in this case.
- Whether time bar applies to constitutional petitions with regard to employment.
Reasoning
The court held that the cause of action arose when the employee was issued with a letter of dismissal, and the time limitation period started running from such date. The court further held that the Employment Act does not apply to constitutional petitions.
Outcome
Petition dismissed
Authorities cited
Legislation (2)
- Employment Act, 2007
- Limitation of Actions Act (Chapter 22)
Cases cited (4)
- G4S Security Services (K) Ltd v Joseph Kamau & 468 others
- In Maria Machocho v Total (K) Industrial Cause No. 2 of 2012
- Maurice Adongo Anyango v Kenyatta International Convention Centre
- R v East Berkshire Health Authority ex p. Wal
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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