Oiyo v Teachers Service Commission (Petition E169 of 2022) [2023] KEELRC 937 (KLR) (25 April 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 937
- Citation
- [2023] KEELRC 937 (KLR)
- Decided
- 25 April 2023
Summary at a glance
TypePetition for Temporary Stay and Interim ReliefPostureRespondent's Notice of Retirement challengedCoramJK GAKERI
The Petitioner's request for a temporary stay of the Notice of Retirement and interim relief is dismissed.
Facts
Petitioner was informed of retirement effective July 1, 2022, due to mandatory retirement age of 60. He requested extension to 65 years based on disability, but was denied. Respondent issued a Notice of Retirement on February 18, 2021, and the Petitioner's salary was stopped on June 30, 2022.
Issues
- Whether there is a serious issue to be tried
- Whether the Petitioner will suffer irreparable loss if the injunction is not granted
- Which party will suffer greater harm
Reasoning
The court found that the Petitioner did not provide sufficient evidence to support his claim for extension of service and that his conduct did not justify the need for an injunction.
Outcome
Petitioner's application dismissed
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