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ELRCStruck OutPetition dated 13.11.2024· [2025] KEELRC 1696 (KLR)

Katana v National Police Service Commission & 2 others (Petition E184 of 2024) [2025] KEELRC 1696 (KLR)

Employment and Labour Relations Court
12 June 2025
BOByram Ongaya
725 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The petitioner, a former GSU officer, petitioned the Employment and Labour Relations Court on 13.11.2024 challenging his dismissal for absenteeism. He alleged he was kidnapped by suspected Al Shabaab members while on leave in Lamu effective 26.07.2011, remained in captivity until escaping on 20.12.2011, and was dismissed in absentia in orderly room proceedings on 09.12.2011. The 2nd and 3rd respondents filed a notice of preliminary objection dated 17.01.2025 contending the petition was time-barred under Section 90 of the Employment Act, that the petitioner was circumventing the Employment and Labour Relations Acts through constitutional provisions, and that the petition was an abuse of process and incompetent. The Court found that the petitioner learned of his dismissal on 22.01.2022 when he reported at GSU headquarters, and from that date had knowledge of all facts of his cause of action but took no steps to file suit, offering no good reason for the delay. Applying section 3(2) of the Public Authorities Limitation of Actions Act, as held by Onesmus Makau J in Samson Leteipa ole Kimongo v Inspector General, National Police Service & 2 others [2022]eKLR, the Court held the petition was time-barred and liable to be struck out. The Court noted the respondents had not expressly invoked section 3(2) in the preliminary objection, only in submissions, and in conclusion struck out the petition with each party bearing their own costs.

Key legal issues

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01

Jurisdiction where the petition is time-barred

Holding

The petition was time-barred under section 3(2) of the Public Authorities Limitation of Actions Act and was liable to be struck out for want of jurisdiction

Reasoning

The petitioner was dismissed from the GSU for absenteeism after alleged Al Shabaab captivity in 2011. The Court found he learned of his dismissal on 22.01.2022 when he reported at GSU headquarters, and had knowledge of all facts about his cause of action from that date but took no steps to file suit until the petition of 13.11.2024, beyond the three-year statutory limit.

p. 2
02

Whether reliance on constitutional provisions circumvents statutory limitation

Holding

The Court rejected the petitioner's attempt to rely on constitutional provisions where the matter was statute-barred under the parent employment legislation

Reasoning

The respondents argued the petitioner was circumventing the Employment Act and Labour Relations Act by invoking constitutional provisions after realising the claim was statute-barred. The Court applied the applicable limitation statute as held by Onesmus Makau J in Samson Leteipa ole Kimongo, treating the dismissal claim as contract-based and subject to the three-year limitation period.

p. 1

Legal principles established

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  • Limitation for dismissal claims by police officers is governed by section 3(2) of the Public Authorities Limitation of Actions Act, requiring contract-based proceedings against government within three years

Court orders

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  1. 1.The petition is struck out
  2. 2.Each party to bear own costs of the proceedings
Jurisdiction invoked
Section 12(1) of the Employment and Labour Relations Court 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, "Katana v National Police Service Commission & 2 others (Petition E184 of 2024) [2025] KEELRC 1696 (KLR)", Case Analysis (2025). Petition dated 13.11.2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1696/eng@2025-06-12

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