Ogola v Teachers Service Commission (Judicial Review Application E018 of 2024) [2024] KEELRC 1613 (KLR) (26 June 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1613
- Citation
- [2024] KEELRC 1613 (KLR)
- Decided
- 26 June 2024
Summary at a glance
TypeJudicial Review ApplicationPostureRespondent's Motion to DismissCoramRADIDO
The Summons is dismissed with costs.
Facts
The applicant was dismissed on October 17, 2016, and filed a request for review on January 23, 2023. The applicant claims the Commission failed to form a review committee within 90 days of receiving the dismissal letter.
Issues
- Whether the applicant's request for review was timely
- Whether the Commission failed to form the review committee as required by the Code of Regulations
Reasoning
The Court found the applicant's assertion of becoming aware of the dismissal in December 2022 to be inconsistent with the statutory time limit and the lack of evidence supporting the claim. The Court also noted the Commission's contention that the applicant had not paid the required levy for the review request.
Outcome
Dismissed
Orders
- Summons dismissed with costs
Authorities cited
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