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ELRCAllowedNot stated in the judgment as provided· [2024] KEELRC 234 (KLR)

Kiilu v Commissioner of Police & another (Cause 1654 of 2014) [2024] KEELRC 234 (KLR)

Employment and Labour Relations Court
9 February 2024
AJABUODHA NELSON JORUM
239 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court adopted an ex-employee's own pension calculation after the employer ignored court directions to compute terminal dues.

What this practically means

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Executive summary

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By a judgment delivered on 6th May 2020, this court found that the termination of the claimant's service was wrongful and unwarranted, and ordered the respondent to pay one month's salary in lieu of notice, plus pension, gratuity and all terminal benefits payable as if the claimant had left service normally, with the authorised officer to compute and pay the dues. The respondent neither appealed that judgment nor co-operated with the claimant in computing the terminal dues as directed. The claimant therefore filed his own computation of terminal dues, prepared using the Public Service Superannuation Scheme, and served it on the respondent, who again ignored or failed to respond to the calculation. Left with no option, the court adopted the claimant's computation as the correct computation and as the final judgment in the matter. The adopted computation, based on 345 months of service and a basic salary of Kshs.34,460, yielded an unreduced annual pension of Kshs.297,217.50, a reduced annual pension of Kshs.222,913.13, a monthly pension of Kshs.18,576.09 and a commuted lumpsum of Kshs.1,486,087.50. The judgment was dated at Nairobi on 9th February 2024 and delivered virtually the same day by Abuodha Nelson Jorum, Judge. No costs order was made in the text provided.

Key legal issues

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01

Adoption of unopposed computation of terminal dues

Holding

The court adopted the claimant's computation under the Public Service Superannuation Scheme as the correct computation and final judgment

Reasoning

The prior judgment of 6th May 2020 found the termination wrongful and directed the authorised officer to compute and pay terminal dues. The respondent neither appealed nor co-operated in the computation, and ignored the claimant's calculation despite being served. With no contrary material before it, the court had no option but to adopt the claimant's figures.

p. 1

Legal principles established

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  • Where a respondent fails to co-operate in or respond to a court-directed computation of terminal dues, the court may adopt the claimant's uncontroverted computation as the correct one

Court orders

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  1. 1.Adoption of the claimant's computation of terminal dues as the correct computation and as the final judgment of the court
  2. 2.Monthly pension of Kshs.18,576.09 and commuted lumpsum of Kshs.1,486,087.50 as computed
Jurisdiction invoked
Continuation/finalisation of an ELRC judgment of 6th May 2020 finding wrongful termination and ordering computation and payment of terminal dues

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kiilu v Commissioner of Police & another (Cause 1654 of 2014) [2024] KEELRC 234 (KLR)", Case Analysis (2024). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/234/eng@2024-02-09

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