Abdalla Hadi Rifai v International Donkey Protection Trust (K) [2013] KEELRC 224 (KLR)
The bottom line
#A Kenyan employment court fixed a retirement date by splitting the difference when the employee could not prove his exact date of birth.
What this practically means
#Executive summary
#Key legal issues
#Determination of retirement date where the exact date of birth is unrecorded
The burden of proving the date of birth lies on the party alleging it, but the court may resort to equity and set a mid-point retirement date between the parties' competing positions
Both parties accepted retirement at age 60 and birth in 1953, but the exact date was not in the company records nor on the national identity card. The court found no authority on point, accepted the claimant bore the burden of proof, but recognised that many colonial-era births went unrecorded and the claimant had given over 27 years of service. It therefore fixed retirement at an equitable mid-point between the dates each party proposed.
Claim for payment in lieu of leave
Dismissed for want of proof
The Respondent argued that the contention that the claimant had worked without leave for 27 years was untenable since he was the General Manager who approved leave for everyone in the organisation. The court found the claim unfounded and lacking any concrete basis.
Claim for severance pay
Dismissed for want of proof
The court found no basis for severance pay because the claimant was a member of a pension scheme under Kenya Alliance Insurance Co. Ltd which would pay out terminal benefits upon retirement, and the respondent had offered a good exit package in recognition of his long service.
Legal principles established
#- The party who alleges a date of birth bears the onus of proving it
- Where concrete evidence of date of birth is absent, the court may determine retirement age on the basis of equity and fair play
Court orders
#- 1.The retirement age for the Claimant is set with effect from 31st June, 2013
- 2.The Claimant should vacate the company house within a month from the date of the judgement
- 3.The terminal benefits payable to the Claimant be adjusted accordingly
- 4.The claims for payment in lieu of leave and severance pay are dismissed for want of proof
- Jurisdiction invoked
- Original employment and labour relations jurisdiction of the Industrial Court of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Abdalla Hadi Rifai v International Donkey Protection Trust (K) [2013] KEELRC 224 (KLR)", Case Analysis (2013). Cause No 2123 of 2011. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/224/eng@2013-08-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.