Lusuli v Nuclear Power & Energy Agency (NUPEA) (Cause E1051 of 2024) [2025] KEELRC 1181 (KLR) (24 April 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1181
- Citation
- [2025] KEELRC 1181 (KLR)
- Decided
- 24 April 2025
Summary at a glance
Facts
The Claimant, Anthony Lung'aho Lusuli, was employed as Supply Chain Manager by the Respondent, Nuclear Power & Energy Agency (NUPEA). His contract was initially for a fixed term of three years, starting from July 2020. It was renewed for another three years, effective from June 2023, until June 2026. The Respondent terminated the Claimant's employment on January 12, 2024, citing mandatory retirement age, but the Claimant claimed he was entitled to serve until June 2026.
Issues
- Whether the Claimant's contract of service was properly terminated on account of attaining the retirement age or improperly terminated.
- Whether the Claimant had legitimate expectation to serve beyond the retirement age.
- Whether the Claimant is entitled to the reliefs that he seeks through the Memorandum of Claim.
Reasoning
The Court ruled that the Public Service Commission Act and its regulations stipulate that public officers must retire at the mandatory retirement age of 60 years. The Claimant's contract was subject to this mandatory retirement age, and the Respondent's Human Resource Policy and Procedures Manual also supported this.
Outcome
The Court dismissed the Claimant's case.
Authorities cited
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