George Kuria Kamanda Mwaura v Teachers Service Commission [2019] KECA 615 (KLR)
- Court
- Court of Appeal
- Case number
- 615
- Citation
- [2019] KECA 615 (KLR)
The appeal is dismissed. The appellant's last day of service and retirement was 31st August, 2013, and the pension should be calculated and paid on the basis of the last payslip of that date.
Facts
The appellant, George Kuria Kamanda Mwaura, was born on 26th June, 1953 and was employed by the Teachers Service Commission (TSC) as a Permanent and Pensionable Teacher. He was initially due for compulsory retirement on 30th April, 2009, but the TSC revoked this position and informed him that his last day of service would be 31st August, 2013 when he would attain the age of 60. The appellant was paid his last salary on 31st August, 2013, and received a clearance certificate confirming his last day of service was 1st September, 2013.
Issues
- Whether the appellant's retirement age was correctly determined by the Employment and Labour Relations Court (Abuodha J) as 55 years in June, 2008.
- Whether the appellant's pension calculation and payment were affected by the change in mandatory retirement age from 55 to 60 years with effect from 1st April, 2009.
Reasoning
The court found that the appellant's retirement age was correctly determined by the Employment and Labour Relations Court as 55 years in June, 2008. The court also held that the appellant's pension calculation and payment were not affected by the change in mandatory retirement age.
Outcome
Appeal dismissed
Orders
- Costs denied to the Teachers Service Commission
- Each party to bear its own costs
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