The Supreme Court has dismissed an appeal by Simon Kamau Johana, a former teacher who sought to challenge his dismissal by the Teachers Service Commission (TSC) after a 17-year delay.
In its ruling, the Court held that it lacked jurisdiction to hear the appeal, finding that the dispute did not involve the interpretation or application of the Constitution.
“The Petition of Appeal dated 12th June 2025 and filed on 16th June 2025 is hereby dismissed for want of jurisdiction,” part of the ruling read.
Additionally, the Supreme Court ordered that the sum of KShs. 6,000, deposited as security for costs upon lodging the appeal, be refunded to Kamau.
Kamau was interdicted and later dismissed in 2006, but failed to file a substantive judicial review application within the required timeframe. He resurfaced in 2023 to seek an extension of time.
“The appellant failed to file the substantive Motion and only resurfaced seventeen (17) years later with an application dated 9th October 2023 and filed on 11th October 2023, seeking an extension of time to file the substantive Motion and orders of prohibition and certiorari to restrain the 1st and 2nd respondents from interdicting him, and to quash their decision of 12th July 2006,” the ruling noted.
Both the High Court and the Court of Appeal had previously declined to extend time, citing inordinate and unjustified delay.
Kamau Challenges Supreme Court Over Extension Ruling
Kamau argued that the trial Judge erred in law by failing to fully appreciate the law relating to the extension of time and thereby misdirected himself on the issue.
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He added that the Justice Francis Rayola erred in law by disregarding the reasons advanced by him in support of his application for an extension of time to file a substantive Motion for Judicial Review orders.
Kamau stressed that Francis Rayola erred in law and in fact by failing to appreciate that the respondent had not rebutted the evidence and reasons presented to the trial Judge for the extension of time to file a substantive application for Judicial Review orders, and instead casually dismissed the appellant’s application.
Therefore, he had sought orders to set aside and quash the ruling of the High Court delivered on April 22, 2024, by Justice Rayola.
Kamau Seeks Justice Nearly Two Decades Later
Kamau, a teacher employed by the TSC and serving at Ndalani Secondary School, was first interdicted by a letter dated January 21, 1998, from the then Provincial Education Officer for Eastern Province. On September 22, 1999, he appeared before the TSC Disciplinary Committee, which issued a warning and transferred him to Maiuni Secondary School.
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In 2006, while at Maiuni Secondary School, Kamau was elected KUPPET Machakos District Branch Officer for the Yatta and Katangi Divisions. He later discovered that his salary had been stopped without explanation and was referred to the District Education Officer in Machakos.
On September 12, 2006, Kamau was served with an interdiction and a charge sheet alleging inciting students against the school administration, insubordination, negligence, and neglect of duty. Considering the delay in being served and his prior experiences with the TSC, he engaged an advocate, Mr. Richard Mutavi Matata of M/s R. M. Matata & Co. Advocates, and filed judicial review proceedings on September 22, 2006.
On October 6, 2006, Onyancha J. granted him leave to file a substantive Motion seeking judicial review orders within 21 days. However, Kamau failed to file the substantive motion and resurfaced seventeen (17) years later, in October 2023, seeking an extension of time and orders of prohibition and certiorari to restrain the respondents.
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