Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCAllowed· [2021] KEELRC 169 (KLR)

Teachers Service Commission v Paul Olweny Ngowe [2021] KEELRC 169 (KLR)

Employment and Labour Relations Court
16 December 2021
CBChristine N. Baari
1,442 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

#

A Kenyan court ruled that the three-year clock to sue over dismissal starts on the dismissal date, even if you appeal internally first.

What this practically means

#

Executive summary

#
This was an appeal to the Employment and Labour Relations Court at Kisumu against a ruling of the Chief Magistrate's ELRC dismissing the Teachers Service Commission's Preliminary Objection that a former teacher's claim for declarations, terminal dues and reinstatement was time barred under Section 90 of the Employment Act, 2007. The Respondent was dismissed by letter dated 16th February, 2012, appealed to the Teachers Service Appeal Tribunal, which upheld the dismissal on 28th February, 2018; he filed suit on 10th February, 2020. The Appellant argued time ran from the dismissal letter, while the Respondent argued it ran from the Tribunal's decision. The sole issue framed was when the cause of action accrued. Adopting the definition of 'accrue' from Black's Law Dictionary and applying Peris Maina, Hilarion Mwabolo and David Ngugi Waweru, the court held that administrative appeal proceedings do not postpone limitation time and that termination takes effect from the date stated in the termination letter. The cause of action therefore accrued on 16th February, 2012, and the claim filed on 10th February, 2020, five years out of time, was time barred. The appeal was allowed, the Respondent's claim was declared time barred and struck out, and the Respondent was ordered to bear the costs of the appeal.

Key legal issues

#
01

Accrual of the cause of action in employment disputes where an internal appeal/review is pursued

Holding

The cause of action accrued on 16th February, 2012 when the Respondent was dismissed, not on 28th February, 2018 when the Appeals Tribunal rendered its decision; the claim filed on 10th February, 2020 was therefore time barred under Section 90 of the Employment Act.

Reasoning

Applying Black's Law Dictionary's definition of 'accrue' as coming into existence as an enforceable claim, the court asked when the dismissal became an enforceable claim. Relying on Ongaya J in Peris Maina and the Court of Appeal in David Ngugi Waweru, the court held that administrative appeal proceedings do not postpone the running of limitation time; termination takes effect from the date stated in the termination letter.

p. 2

Legal principles established

#
  • In employment disputes, time under Section 90 of the Employment Act runs from the date contained in the letter of termination or dismissal, not from the conclusion of internal disciplinary or appeal mechanisms.

Court orders

#
  1. 1.The Appellant's appeal is upheld
  2. 2.The Respondent's claim filed on 10th February, 2020 is declared time barred and struck out
  3. 3.The Respondent shall bear the costs of this appeal

Authorities

#

Legislation

  • Employment ActSection 90

Cases cited (9)

  • Josephat Ndirangu v Henkel Chemicals (EA) Ltd
    (2013) eKLR, Msa Industrial Petition No. 1 of 2013
  • Fred Gogo v G4s Security Services (K) Ltd
    (2014) eKLR, Nrb Industrial Court cause No. 846 of 2013
  • Attorney General v Andrew Maina Githinji & Another
    (2016) eKLR
  • Benjamin Wachira Ndiithi v Public Service Commission & Another
    (2014) eKLR, Nrb Industrial Cause No. 953 of 2010
  • Tom Ochako v Teachers Service Commission
    (2017) eKLR
  • Tom Joseph Orina v Kenya Bureau of Standards & Another
  • Peris Maina v Nairobi City Water & Sewerage Company Limited
    (2018) eKLR
  • Hilarion Mwabolo v Kenya Commercial Bank
    (2013) eKLR
  • David Ngugi Waweru v Attorney General & Another
    (2017) eKLR
On appeal from
Chief Magistrate's Employment and Labour Relations Court at Kisumu
Not stated
Jurisdiction invoked
Appellate jurisdiction over the ruling of the Chief Magistrate's Employment and Labour Relations Court at Kisumu

Key timeline

#

Practical implications

#

Frequently asked questions

#

Later judgments citing this (2)

#

Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

#

Cite this brief

Caselaw, "Teachers Service Commission v Paul Olweny Ngowe [2021] KEELRC 169 (KLR)", Case Analysis (2021). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/169/eng@2021-12-16

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.