Case Metadata |
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| Case Number: | Miscellaneous 6 of 2020 |
|---|---|
| Parties: | Samuel Kipchirchir Rotich v Teachers Service Commission |
| Date Delivered: | 06 Nov 2020 |
| Case Class: | Civil |
| Court: | Employment and Labour Relations Court at Eldoret |
| Case Action: | Ruling |
| Judge(s): | Nelson Jorum Abuodha |
| Citation: | Samuel Kipchirchir Rotich v Teachers Service Commission [2020] eKLR |
| Court Division: | Employment and Labour Relations |
| County: | Uasin Gishu |
| Case Outcome: | Application dismissed with no order as to costs |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
EMPLOYMENT AND LABOUR RELATIONS COURT
AT ELDORET
MISC NO 6 OF 2020
SAMUEL KIPCHIRCHIR ROTICH....................CLAIMANT
VERSUS
TEACHERS SERVICE COMMISSION...........RESPONDENT
R U L I N G
1. By an ex parte originating summons dated 16th July,220 the applicant sought leave of Court to file a suit against the respondent out of time. The application was brought on the grounds among others that the delay to file suit was occasioned by the applicant’s ill-health triggered by the actions of the respondent who unfairly terminated his employment and delay in receiving necessary documents from the former head teacher. The applicant further in the affidavit in support of the application deponed that owing to the manner and in which the respondent terminated his service he got affected mentally and was admitted at Kabarnet District Hospital and treated for quite some time. The applicant attached medical treatment notes to support this.
2. The law on limitation of actions unfortunately does not support extension of time for claims founded on contract once the period within which to file the suit has lapsed employment relations is contractual and unlike ordinary contracts where the period is six years, actions founded on employment contract must be brought within 3 years after the accrual of the cause of action.
3. Section 90 of the Employment Act is couched in mandatory terms and does not allow room for exercise of discretion by the Court no mater how genuine and reasonable the grounds for delay in filing suit are.
4. Unless and until the law is amended, the Court’s hand are tied hence an application to Court to file a suit founded on the Act is contract of employment once time has lapsed is bound to fail no matter how merited the grounds for the delay are.
5. The application is therefore dismissed with no order as to costs.
6. It is so ordered.
Dated at Eldoret this 6th day of November 2020
Abuodha Jorum Nelson
Judge
Delivered this 6th day of November 2020
Abuodha Jorum Nelson
Judge
In the presence of:-
…………………………………………………………for the Claimant and
……………………………………………………………for the Respondent.
Abuodha J. N.
Judge
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