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ELRCDismissedNot stated in the judgment as provided· [2021] KEELRC 393 (KLR)

Philip Mutunga Mauta v Teachers Service Commission [2021] KEELRC 393 (KLR)

Employment and Labour Relations Court
25 November 2021
NMNzioki wa Makau
1,823 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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A Kenyan court confirmed it cannot extend the three-year deadline for suing over unfair dismissal, so old employment claims die even if filed late.

What this practically means

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Executive summary

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The Applicant, a former teacher, brought a Notice of Motion dated 3rd February 2021 seeking leave to lodge a claim out of time contesting his dismissal by the Teachers Service Commission effective 4th March 2004. He argued that his appeal was decided on 7th March 2006 but the outcome was concealed from him until a letter dated 27th August 2018, creating a legitimate expectation of communication and justifying computation of time from that later date. The Respondent, through a Replying Affidavit of Mary Rotich, opposed, asserting the dismissal was for absconding duty, the appeal was decided and communicated in a letter of 7th March 2006, and the Applicant later forged a re-employment letter in 2013. The Respondent contended the court lacked jurisdiction to extend time under Section 90 of the Employment Act as read with Section 4(1) of the Limitation of Actions Act, relying on Beatrice Kahai Adagala, Nicholas Kiptoo Korir Arap Salat, and G4S Security Services. The court reproduced Section 90 and held that courts have no jurisdiction to extend the limitation period for contract of service claims, and that time does not stop running during negotiations or alternative dispute resolution. The application was dismissed with costs to the Respondent.

Key legal issues

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01

Whether the court has jurisdiction to grant leave to file an employment claim out of time

Holding

The court has no discretion to extend time in employment contract claims; Section 90 of the Employment Act is mandatory and ousts jurisdiction once the three-year period lapses.

Reasoning

The court reproduced Section 90 of the Employment Act, which requires claims based on the Act or a contract of service to be commenced within three years. Following Beatrice Kahai Adagala and G4S Security Services, the limitation period is never extended in contract matters and does not stop running during negotiations or alternative dispute resolution. The termination occurred on 4th March 2004, far beyond the statutory period.

p. 2

Legal principles established

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  • Courts have no jurisdiction to extend the three-year limitation period for claims arising out of a contract of service under Section 90 of the Employment Act
  • Time does not stop running on commencement of reconciliation or other alternative dispute resolution mechanisms

Court orders

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  1. 1.The Applicant's Notice of Motion dated 3rd February 2021 seeking leave to lodge a claim out of time is dismissed
  2. 2.Costs of the application awarded to the Respondent

Authorities

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Legislation

  • Employment ActSection 90
  • Limitation of Actions Act (Cap. 22)Section 4(1); Sections 27 and 28 (as referenced in quoted authority)
  • Employment and Industrial Relations ActSection 15 (as referenced in quoted authority)

Cases cited (8)

  • Peter Katithi Kithome v Laboratory & Allied Limited
    [2021] eKLR
  • Beatrice Kahai Adagala v Postal Corporation of Kenya
    [2015] eKLR
  • Divecon Limited -vs- Samani
    (1995-1998) 1 EA P.48
  • Josephat Ndirangu -vs- Henkel Chemicals (EA) Limited
    [2013] eKLR
  • George Ochieng Onyango v Chemilil Sugar Company
    [2021] eKLR
  • Nicholas Kiptoo Korir Arap Salat v Independent Electoral and Boundaries Commission
    [2014] eKLR
  • G4S Security Services (K) Limited v Joseph Kamau & 468 Others
    [2018] eKLR
  • Rift Valley Railways (Kenya) Ltd v Hawkins Wagunza Musonye and another
    [2016] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act; application for extension of time under the court's discretion, opposed under Section 90 of the Employment Act and Section 4(1) of the Limitation of Actions Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Philip Mutunga Mauta v Teachers Service Commission [2021] KEELRC 393 (KLR)", Case Analysis (2021). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/393/eng@2021-11-25

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