Republic v Defence Council, Ministry of Defence & 2 others; Irai (Ex parte Applicant) (Judicial Review Application E009 of 2025) [2026] KEELRC 103 (KLR) (26 January 2026) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 103
- Citation
- [2026] KEELRC 103 (KLR)
- Decided
- 26 January 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial Review ApplicationPostureApplication for Certiorari and MandamusCoramM. Mbarũ
Holding
The ex parte applicant's request for certiorari and mandamus is granted. The respondents are ordered to process and pay the ex parte applicant's pension dues.
Facts
The ex parte applicant requested discharge from service on August 8, 2007, and was approved. However, he absented himself without official leave for 1271 days. He was later found guilty of desertion and dismissed in March 2011. The KDF denied his pension claims.
Issues
- Certiorari to quash the decision denying pension payments
- Mandamus to compel respondents to pay pension dues
Reasoning
The court found the respondents' records inconsistent and denied the ex parte applicant's pension claims due to desertion. However, the ex parte applicant was properly discharged and had his pension claims approved prior to his desertion.
Outcome
The ex parte applicant's request for certiorari and mandamus is granted.
Orders
- Recall and quash the decision of the 2nd respondent denying pension payments
- Compel and direct the respondents to process, tabulate, and pay the ex parte applicant's pension dues
Remedies
- Pension payments
Authorities cited
Legislation (4)
- Employment and Labour Relations Court (Procedure) Rules
- Law Reform Act
- Kenya Defence Forces Act
- KDF Pensions and Gratuities Regulations
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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