Karani v Attorney General (Employment and Labour Relations Cause 2228 of 2016) [2023] KEELRC 3306 (KLR) (20 December 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3306
- Citation
- [2023] KEELRC 3306 (KLR)
- Decided
- 20 December 2023
The claimant should have his pension computed and paid as if he had retired after 20 years of service, with interest from the date of his discharge.
Facts
The claimant was a police officer who applied for early retirement after 23 years of service. His application was approved, but the Pension Department denied his pension due to a technicality in the Pensions Act.
Issues
- Whether exceeding 20 years of service disqualifies an officer from receiving pension under Section 76(2) of the Pensions Act.
- Whether the Retirement Benefits Authority is bound by the National Police Service Act, 2011 which provides for pension calculation after 20 years of service.
Reasoning
The court found that the claimant was lawfully retired under the National Police Service Act, 2011, and the Pensions Act, Cap 189, collectively binds the Retirement Benefits Authority to pay the pension as if the claimant had retired after 20 years of service.
Outcome
The claimant's pension is to be computed and paid as if he had retired after 20 years of service, with interest from the date of his discharge.
Orders
- The respondent and the Retirement Benefits Authority are directed to implement the decision of the National Police Service to retire the claimant and process his pension with effect from 17th December 2013.
- The costs of the suit are to be taxed and paid by the Retirement Benefits Authority and the respondent.
Remedies
- Payment of pension as if the claimant had retired after 20 years of service with interest from the date of his discharge.
Authorities cited
Legislation (2)
- National Police Service Act, 2011
- Pensions Act, Cap 189
Loading judgment…