Rotich v KCB Bank Kenya Limited (Cause E099 of 2024) [2024] KEELRC 13366 (KLR) (9 December 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13366
- Citation
- [2024] KEELRC 13366 (KLR)
- Decided
- 9 December 2024
Summary at a glance
TypeLabor DisputePostureClaimant seeks restraining orders against Respondent's retirement noticeCoramJ Rika
The Court finds it imprudent to extend the Claimant's retirement age to 65 years based on a human resource instrument of doubtful application
Facts
Claimant James Rotich was employed by KCB Bank Kenya Limited as a support staff in 1989. He suffered a road accident resulting in permanent disability at age 58 and was due to retire at 60. He was issued a notice of retirement on 9th December 2024.
Issues
- Whether the Claimant's retirement age should be extended to 65 years due to disability
- Whether the Respondent is a public service entity and the Claimant is a public servant
Reasoning
The Claimant waited until the date of retirement to seek restraining orders and did not clarify if the Respondent is a public service entity or if he is a public servant. The Court lacks clarity on the applicability of the Public Service Regulations, 2020.
Outcome
The application is dismissed and the parties are ordered to file their responses within 14 days
Orders
- The application and pleadings shall be served upon the Respondent
- The Respondent shall file and serve its response to the application and the Claim within 14 days
- Mention on 29th January 2025
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