Omwonga v Teachers Service Commission (Employment and Labour Relations Appeal E170 of 2023) [2025] KEELRC 868 (KLR) (14 March 2025) (Judgment)

Summary at a glance

Facts

The Appellant filed a claim against the Respondent on June 3, 2022, challenging his dismissal on October 9, 2014, and sought orders to set aside the ruling of the learned trial magistrate.

Issues

• Whether the claim was time-barred
• Whether the learned magistrate erred in law and fact in striking out the Memorandum of Claim
• Whether the learned magistrate erred in law and fact in determining that time started running after the Appellant's appeal challenging his dismissal had been determined
• Whether the learned magistrate erred in law and fact in determining that the Memorandum of Appeal could not be lodged when there was an active appeal ongoing before the Respondent
• Whether the learned magistrate misdirected himself in law and fact in not taking cognizance and applying the established principles when passing the ruling
• Whether the learned magistrate erred in law and by failing to consider adequately or at all the submissions by the Appellant

Reasoning

The court held that the claim was time-barred as the Appellant was dismissed on October 9, 2014, and thus the claim was not within the jurisdiction of the court.

Outcome

Appeal dismissed

Orders

• The Appeal be allowed and the ruling of the learned trial Magistrate be set aside
• The Honourable court do proceed to order That matters proceeds for hearing at the lower court
• Costs of Appeal be borne by the Respondent
• The Court do grant such further orders or directions as it may deem fit

Authorities cited