Makanda v CEO Teachers Service Commission
The bottom line
#A Kenyan court ruled that judicial review challenges to dismissal decisions must be filed within six months, and employment disputes cannot be dressed up as public-law cases.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the court has jurisdiction to extend time and grant leave to the Applicant to seek orders of judicial review of certiorari and mandamus
- 2.Costs
Key legal issues
#Jurisdiction to extend time for certiorari
The court lacks jurisdiction to extend the statutory six-month period for seeking leave to apply for certiorari
Under Section 9(3) of the Law Reform Act and Order 53 Rule 2 of the Civil Procedure Rules, leave for certiorari must be sought within six months, and Order 53 Rule 2 expressly states leave shall not be granted after that period. The impugned dismissal decision was communicated on 31st January 2024; the application filed in November 2025 was therefore outside the statutory timeline, which the court cannot extend.
Availability of mandamus in a private employment dispute
Leave for mandamus cannot issue because the dispute arises from a private employment relationship, not a public duty
The court affirmed Akolo v Board of Directors, Amatsi Water Services Company Limited, holding that judicial review checks excesses by public officers in performance of public duties, whereas private employment disputes lie in private law. The Applicant's grievance concerned procedural fairness in his dismissal, and the fact that the TSC is a public institution does not convert the employment contract into a public-law relationship, making extension of time futile.
Legal principles established
#- Leave to apply for certiorari must be sought within six months and the court cannot extend time beyond that statutory period
- Mandamus compels performance of a public or statutory duty, not enforcement of private contractual obligations; a public employer's status does not convert an employment contract into a public-law relationship
Court orders
#- 1.That the application dated on 11th November 2025 is hereby dismissed for lack of merits
- 2.No order as to costs
- 3.This ruling shall apply mutatis mutandis to Bungoma ELRC Judicial Review No. E001 of 2025 Moses Bob Mumbo v CEO Teachers Service Commission
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Sections 3 & 12 of the Fair Administrative Action Act and Section 95 of the Civil Procedure Act; Rule 6 of the Fair Administrative Actions Rules, 2024; Rule 10(2) of the ELRC (Procedure) Rules, 2024
Relief refused
#Extension of time and leave to file for orders of Certiorari and Mandamus against the Respondent
Certiorari leave cannot be extended beyond the six-month statutory period; mandamus relates to public duty, not a private employment relationship, so leave would be futile
Costs of the application
No order as to costs
Costs
No order as to costs.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
It follows thus that a prayer for leave to extend time to le for certiorari cannot be entertained by court beyond the statutory timeline
The fact that an employer is a public institution does not automatically convert the employment contract into a public-law relationship
That the application dated on 11th November 2025 is hereby dismissed for lack of merits
This ruling shall apply mutatis mutandis to Bungoma ELRC Judicial Review No. E001 of 2025 Moses Bob Mumbo v CEO Teachers Service Commission
Issues in the judgment
#Duplicate heading 'V. Certiorari' used for both certiorari and mandamus sections
Typographical errors: 'Inroduction' and repeated 'adavit'
Ruling applied mutatis mutandis to another matter (E001 of 2025) without that party's submissions being recorded
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Makanda v CEO Teachers Service Commission", Case Analysis (2026). Judicial Review E002 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2567/eng@2026-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.