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David Ngugi Waweru v. Attorney General & another

(2017) JELR 102794 (CA)

Court of Appeal  •  Civil Appeal 317 of 2014  •  14 Jul 2017  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage



1. The appellant is challenging an order made by the Employment and Labour Relations Court (ELRC) (Nzioki Wa Makau, J.) on16th June, 2014, striking out his claim for having been filed hopelessly out of time. He listed some 15 grounds of appeal for that challenge but they were collapsed into one ground in written submissions by counsel on record for him M/s Kinoti and Kibe Company, Advocates. The issue, which is referred to as "the crux of the matter" is; when does a cause of action accrue? To that we shall revert shortly.

2. The appellant was employed as a clerical officer in the Kenyan judiciary on 21st March, 1991 but on 29th April, 2004 he received a letter from the Judicial Service Commission (JSC) dismissing him from employment for gross misconduct with loss of all benefits. He appealed the dismissal to the JSC and the dismissal was on 13th July, 2006 downgraded to termination in the public interest with payment of benefits. Two months later on 14th September…

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