David Charles Nyamanga v Teachers Service Commission [2022] KEELRC 623 (KLR)

Facts

The claimant filed a claim out of time, and the trial court dismissed it as time-barred. The claimant appealed, citing several grounds including the trial court's failure to consider his internal appeal with the respondent's commission.

Issues

1. Whether the trial court erred in dismissing the claim on limitation of time.
2. Whether the trial court considered the appellant's submissions and authorities.
3. Whether the trial court demonstrated open bias against the appellant.
4. Whether the trial court appreciated the appellant's internal appeal with the respondent's commission.
5. Whether the trial court misapprehended Section 90 of the Employment Act, 2007.

Reasoning

The court dismissed the appeal, stating that the claim was filed out of time and that the court cannot extend the prescribed period to create a jurisdiction it does not have. The court also noted that the appellant did not file an ex parte application for extension of time.

Outcome

Appeal dismissed

Authorities cited