JUDGMENT OF THE COURT
JOEL Kiprono Langat (the appellant) was at one time employed by the respondent, Kenya Posts and Telecommunications Corporation (KPTC) , as a mechanic. On 30th October, 1991, KPTC dismissed him. In October 1997, the appellant filed a suit in the superior court against KPTC alleging wrongful dismissal and sought, among other reliefs, a declaration that his dismissal was wrongful; general damages; salary in lieu of notice and pension. KPTC filed a defence denying the appellant’s claim and also contended that the suit was incompetent for failure on the part of the appellant to comply with the mandatory provisions of section 109(a) and (b) of the Kenya Posts and Telecommunications Corporation Act (Cap 411) (the Act).
When, the suit came up for hearing before Ang’awa J the Advocate for KPTC raised a preliminary objection that the suit was time-barred because it was not brought within the time limited by section 109 of the Act. The learned Judge upheld the objection and…