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ELRCDismissedPetition dated 25th July 2024· [2025] KEELRC 764 (KLR)

Ryoba v National Police Service Commission & 2 others (Petition E129 of 2024) [2025] KEELRC 764 (KLR)

Employment and Labour Relations Court
13 March 2025
2,525 words in judgment
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The bottom line

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A Kenyan court dismissed a 19-year-old unfair dismissal claim because waiting too long to sue can defeat even a constitutional rights case.

What this practically means

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Executive summary

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This was a ruling on preliminary objections in a constitutional petition filed on 25th July 2024 by a former police officer dismissed from service on 9th February 2004. The respondents raised objections dated 2nd September 2024, 4th September 2024 and 29th November 2024, contending that the court lacked jurisdiction because the claim was time-barred under Section 90 of the Employment Act, Section 4(1)(a) of the Limitation of Actions Act and Section 3(2) of the Public Authorities Limitation Act, and that the petition was an abuse of process. They relied on Mukisa Biscuits on the nature of a preliminary objection, and on Beatrice Kahai Adagala, Hilarion Mwabolo and Peter Njogu Mwangi on the mandatory nature of limitation periods. The petitioner countered that the suit sounded in constitutional violations - the right to information under Article 35 and fair administrative action under Article 47 - arising from the respondents' failure to determine or communicate the outcome of his 2018 appeal, and relied on Supreme Court authority that there is no limitation period for human rights claims. Justice Hellen Wasilwa accepted that there is no limitation period for rights claims but, following the Court of Appeal in Luka Chebii v NSSF, held that delay must nonetheless not be inordinate or unreasonable. Finding the 19-year delay extremely inordinate, the court allowed the preliminary objection, dismissed the petition in its entirety, and made no order of costs. Judgment was delivered virtually at Nairobi on 13th March 2025.

Key legal issues

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01

Whether limitation statutes bar a constitutional petition arising from a 2004 dismissal

Holding

Although there is no limitation period for human rights violations claims, the court retains discretion to refuse relief where the delay is inordinate and unexplained; a 19-year delay was held extremely inordinate.

Reasoning

The court accepted the principle from the Supreme Court in Wamwere v Attorney General that there is no limitation period for human rights claims, but relied on the Court of Appeal in Luka Chebii v NSSF to hold that the court must still assess whether the delay is reasonable. On the facts, the petitioner was dismissed on 9th February 2004 and filed suit on 25th July 2024, a delay of 19 years which the court found extremely inordinate, upholding the preliminary objection.

p. 5
02

Effect of limitation on jurisdiction

Holding

The respondents' preliminary objection on limitation and abuse of process was upheld, resulting in the dismissal of the petition with no order of costs.

Reasoning

The court examined the averments and submissions, noted that the dismissal occurred 19 years earlier, and accepted the respondents' submission that limitation is a jurisdictional issue. Relying on the authorities cited by the respondents and the inordinate delay principle, the court allowed the objection and dismissed the petition, declining to award costs.

p. 5

Legal principles established

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  • While there is no limitation period for claims founded on violation of constitutional rights, any delay in filing such a claim must not be inordinate or unreasonable; an extremely inordinate delay justifies dismissal.

Court orders

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  1. 1.The preliminary objection is allowed
  2. 2.The Petition is dismissed in its entirety
  3. 3.No order of costs
Jurisdiction invoked
Article 23(3) of the Constitution of Kenya, 2010 (invoked by the Petitioner); Employment and Labour Relations Court jurisdiction under Article 162(2)(a) and Section 12(1) of the ELRC 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, "Ryoba v National Police Service Commission & 2 others (Petition E129 of 2024) [2025] KEELRC 764 (KLR)", Case Analysis (2025). Petition dated 25th July 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/764/eng@2025-03-13

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