Dismas v Board of Management Namachanja High School (Appeal E005 of 2024) [2025] KEELRC 818 (KLR) (13 March 2025) (Judgment)

Summary at a glance

Facts

The appellant, Sifuna Douglas Dismas, claimed employment by the respondent, Board of Management Namachanja High School, from 2002 to 2016. He alleged unpaid salary and denied leave during his employment.

Issues

• Was the claim by the appellant in the lower trial court filed out of time and hence statutorily time barred?
• Did the lower trial court arrive at the right decision?
• Is there any reason(s) for this court to interfere with the decision of the lower trial court as prayed by the appellant?
• What appropriate orders should this court make in regard to the above issues and on costs?

Reasoning

The court found that the appellant's claim was filed out of time and should have been struck out. The court also found that the lower court's decision was correct.

Outcome

Appeal dismissed

Orders

• The claim by the appellant in the lower trial court was led out of time and ought to have been struck out in le mine.
• This appeal is hereby dismissed in its entirety and the judgment of the lower court set aside.
• Costs of this appeal and those in the lower trial court to the respondent.