Joseph Kipng’eno Belyon v Kenya Pipeline Company Limited [2021] KEELRC 609 (KLR)

Summary at a glance

Facts

The claimant, Joseph Kipng’eno Belyon, was issued a mandatory retirement notice dated 6 February 2019, extending his retirement age to 65 years. The respondent, Kenya Pipeline Company Limited, opposed the claimant's reinstatement and sought orders to evict him from the staff house.

Issues

• Whether the claimant's retirement age was extended to 65 years.
• Whether he met the requirements for the said extension.
• Whether the claimant should be reinstated to the payroll pending hearing and determination of the suit.
• Whether the respondent should be restrained from evicting him from staff house pending trial.

Reasoning

The letter dated 13 March 2019 revoked the claimant's retirement notice and extended his mandatory retirement age to align with the retirement age for persons with disabilities. The respondent did not show that the claimant did not meet the requirements for extension in previous regulations.

Outcome

The application is granted.

Orders

• Certify the application as urgent.
• Compel the respondent to reinstate the claimant to the payroll.
• Compel the respondent to reinstate the status quo as at the month of March 2019.
• Compel the respondent to reinstate the status quo as at the month of January 2021.
• Restrain the respondent from evicting the claimant from the staff house pending trial.

Remedies

• Compel the respondent to reinstate the claimant to the payroll.
• Compel the respondent to reinstate the status quo as at the month of March 2019.
• Compel the respondent to reinstate the status quo as at the month of January 2021.
• Restrain the respondent from evicting the claimant from the staff house pending trial.

Authorities cited