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ELRCPartially AllowedEldoret ELRC Appeal arising from Eldoret CMELRC No. E243 of 2024· [2025] KEELRC 2825 (KLR)

Teachers Service Commission v Shaiti (Employment and Labour Relations Appeal E036 of 2024) [2025] KEELRC 2825 (KLR)

Employment and Labour Relations Court
16 October 2025
MOM. ONYANGO
2,375 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~10 min to read original · ~4 min brief

The bottom line

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Kenyan employees must file employment claims within three years of dismissal; waiting for an internal appeal outcome does not extend that deadline.

What this practically means

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Executive summary

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This is a first appeal to the Employment and Labour Relations Court at Eldoret against a ruling of the Honourable P. N. Areri (Senior Principal Magistrate) in Eldoret CMELRC No. E243 of 2024, which dismissed the Teachers Service Commission's preliminary objection that a former teacher's claim for reinstatement and compensation was statute-barred under Section 90 of the Employment Act. The sole issue was when the cause of action accrued. The Appellant maintained that time ran from the dismissal on 14th July 2021 (communicated 22nd July 2021), while the Respondent argued that, having been obliged to exhaust internal review mechanisms under the Code of Regulations for Teachers, time ran only from 7th November 2022 when the Review Committee upheld the dismissal. Relying on Attorney General v Andrew Maina Githinji, Benjamin Wachira Ndiithi, Hillarion Mwabolo and Rift Valley Railways v Hawkins Wagunza Musonye, the court held that internal reviews do not suspend limitation under Section 90; time ran from 14th July 2021 and lapsed on 14th July 2024, before the Statement of Claim was filed on 22nd August 2024. The court also found the Respondent's reliance on Makewa v Teachers Service Commission misplaced, holding it supported the Appellant. Allowing the appeal, the court set aside the trial ruling, upheld the preliminary objection, struck out the Statement of Claim as statute-barred, and ordered each party to bear its own costs.

Key legal issues

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01

When did the cause of action accrue for purposes of Section 90 of the Employment Act - on dismissal or on the Review Committee's decision?

Holding

The cause of action accrued on 14th July 2021 when the Respondent was dismissed (communicated 22nd July 2021); the internal review process did not suspend limitation, so the claim filed on 22nd August 2024 was out of time.

Reasoning

The court adopted the principle from Attorney General v Andrew Maina Githinji, Benjamin Wachira Ndiithi and Hillarion Mwabolo that a cause of action arises once dismissal takes effect and that a pending administrative appeal does not defer the running of time. The exhaustion of internal remedies under the Code of Regulations for Teachers could not override an express statutory limitation period. The three-year period lapsed on 14th July 2024, before the claim was filed.

p. 5

Legal principles established

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  • Internal review or appeal mechanisms do not suspend the statutory limitation period under Section 90 of the Employment Act; time runs from the date dismissal takes effect
  • There are no exceptions to the three-year limitation period under Section 90 save for continuing injury or damage

Court orders

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  1. 1.The Notice of Preliminary Objection dated 4th September 2024 is hereby upheld
  2. 2.The Statement of Claim dated 15th August 2024 is struck out for being statute-barred under Section 90 of the Employment Act, 2007
  3. 3.Each party shall bear its own costs of the proceedings before the trial court and on appeal
On appeal from
Magistrates' Court (ELRC), Eldoret
Eldoret CMELRC No. E243 of 2024
Jurisdiction invoked
First appeal to the Employment and Labour Relations Court against a ruling of the magistrates' court (ELRC) dismissing a preliminary objection under Section 90 of the Employment 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, "Teachers Service Commission v Shaiti (Employment and Labour Relations Appeal E036 of 2024) [2025] KEELRC 2825 (KLR)", Case Analysis (2025). Eldoret ELRC Appeal arising from Eldoret CMELRC No. E243 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2825/eng@2025-10-16

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