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ELRCDismissedPetition No 59 of 2019· [2020] KEELRC 717 (KLR)

Leonard Munyua Kamau v Kenya Wildlife Service & 2 others [2020] KEELRC 717 (KLR)

Employment and Labour Relations Court
16 July 2020
3,058 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A former wildlife officer's pension claim failed because his petition was too vague and he couldn't prove he was ever on permanent, pensionable terms.

What this practically means

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Executive summary

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The Petitioner, employed by the Ministry of Tourism and Wildlife from 1973 and absorbed into the Kenya Wildlife Service in 1990, retired on 1.1.2006 upon reaching 55. He petitioned in March 2019 seeking declarations that the Ministry and KWS acted improperly in seconding him without computing his entitlements, and compensation for unfair treatment and loss of earnings, citing Articles 10, 47 and 232 of the Constitution, natural justice and the Employment Act. The respondents opposed, contending he was employed on temporary terms with only NSSF contributions due, that he retired before the Employment Act 2007, the 2010 Constitution and the Fair Administrative Action Act came into force, and that the petition was fatally defective and statute-barred. The court framed three issues: competence of the petition, violation of rights, and entitlement to reliefs. Applying Anarita Karimi Njeru as reaffirmed in Mumo Matemu, it held the petition lacked the required precision, pleading only general statements of violation without particulars. On the merits, the burden lay on the Petitioner to prove permanent and pensionable employment; the 1973 letter was not produced, the 1988 promotion letter was silent on pension, and payslips showed only NSSF contributions. The court found no proof of permanent and pensionable terms or of withheld benefits. The petition was dismissed as defective and devoid of merit, with each party bearing its own costs.

Key legal issues

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01

Competence of the constitutional petition

Holding

The petition failed the Anarita Karimi Njeru threshold because it pleaded only general statements of violation without particulars

Reasoning

The court applied the Anarita Karimi Njeru rule as reaffirmed in Mumo Matemu. The petitioner pleaded that his deployment without payment of accrued benefits contravened Articles 10, 47 and 232 but did not plead the particulars of the infringement or the manner in which each provision was violated. Like the petitioner in Mumo Matemu, he never sought to amend. The court therefore agreed with the respondents that the petition was defective.

p. 4
02

Whether the Petitioner's rights were violated

Holding

No violation established; the Petitioner failed to prove permanent and pensionable employment or any pension contributions withheld

Reasoning

The 1973 appointment letter was not produced, and the 1988 promotion letter was silent on pension eligibility. The appointment letters stated the engagement was on temporary terms with NSSF contributions. Payslips confirmed no pension scheme contributions. Without proof of permanent and pensionable terms, the claim to pension and severance and the attendant constitutional violations could not stand.

p. 4
03

Entitlement to reliefs

Holding

The petition was dismissed for being defective and devoid of merit, with each party bearing its own costs

Reasoning

Having found the petition incompetent for want of precision and unsubstantiated on the merits, the court declined all prayers, including declarations against both the Ministry and KWS and compensation for loss of earnings.

p. 4

Legal principles established

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  • A constitutional petition must set out with a reasonable degree of precision the complaint, the provisions said to be infringed and the manner of infringement
  • The burden lies on a petitioner claiming pension to prove employment on permanent and pensionable terms before allegations of rights violation can be considered

Court orders

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  1. 1.The petition is dismissed for being defective and devoid of merit
  2. 2.Each party shall bear its own costs

Authorities

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Legislation

  • Constitution of Kenya 2010Articles 2, 2(5), 2(6), 10, 10(1) & (2), 43(1), 47, 232
  • Employment Actsections 3, 5, 20, 40, 90; Cap 226 (repealed)
  • Fair Administrative Action Actnot specified
  • Pensions Actsection 2
  • Trade Disputes Act (repealed)section 3
  • Limitation of Actions ActCap 22
  • Public Authorities Limitation Actsection 3(2)
  • Mutunga Rules (Court rules)Rule 10 of Part II

Cases cited (8)

  • Telkom Kenya Limited v John O. Ochanda
    [2013] eKLR
  • Mumo Matemu v Trusted Society of Human Rights Alliance & 5 Others
    [2013] eKLR
  • Anarita Karimi Njeru v Republic
    [1979] eKLR
  • Susan Rokih v Joyce Kandie & 6 others
    [2018] e-KLR
  • Gerald Muli Killu v Barclays Bank of Kenya
    [2016] eKLR
  • Benjamin Wachira Ndiithi v Public Service Commission & another
    [2014] eKLR
  • Daniel Piranto Ole Nchani v Ministry of Interior and National Co-ordination & another
    [2019] eKLR
  • Stephen Koech v Teachers Service Commission
    [2017] eKLR
Jurisdiction invoked
Constitutional petition for violation of Articles 10, 43(1), 47 and 232 of the Constitution (constitutional reference/judicial review of administrative action); Article 23 enforcement jurisdiction implied

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Leonard Munyua Kamau v Kenya Wildlife Service & 2 others [2020] KEELRC 717 (KLR)", Case Analysis (2020). Petition No 59 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/717/eng@2020-07-16

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.