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OMARIBA ELIJAH KEMONDE V. SECRETARY, TEACHER SERVICE COMMISSION

(2017) JELR 94168 (CA)

Court of Appeal  •  Civil Application 114 of 2017  •  24 Nov 2017  •  Kenya

Coram
George Benedict Maina Kariuki

Judgement

RULING

1. The applicant, Omariba Elijah Kemonde, applied on 24th May 2017 to this court by way of notice of motion dated 12th May, 2017 for two orders, first, that he be relieved from paying court fees and security for costs and second, that he be granted leave to file appeal out of time.

2. The applicant is seeking to challenge on appeal to this court the decision of the Employment and Labour Relations Court (Abuodha J) made on 10th February 2017 in Nbi Cause No.1783 of 2014. In that decision, the Employment and Labour Relations Court (“ELR Court”) determined the applicant’s claim in which the applicant alleged that his employment with the Teachers Service Commission was terminated wrongfully and sought reinstatement. The E and LR court declined to order his reinstatement as the new job offer that had been advertised which the applicant could have taken up had lapsed. The court directed the respondent to give the applicant priority and recruit him as a teacher at the next available rec…

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