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ELRCDismissedCause No E402 of 2021· [2024] KEELRC 682 (KLR)

Thuku v National Environment Management Authority (Cause E402 of 2021) [2024] KEELRC 682 (KLR)

Employment and Labour Relations Court
20 March 2024
SRSTELLA RUTTO
1,679 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Employment Court dismissed an employee's challenge to her retirement, ruling that the date of birth on her national ID and employment forms governs.

What this practically means

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Executive summary

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The Claimant sued the Respondent Authority challenging her compulsory retirement by a notice dated 20th January 2020 effective 18th August 2020. She claimed she was born on 18th August 1962 as declared in a PSC 2 application form at her first appointment in 1987 in the Ministry of Planning and National Development, meaning she should have retired on 18th August 2022. She sought reinstatement, alternatively a declaration of unfair termination, salary for the unexpired contract term, twelve months' gross salary as compensation, one month's salary in lieu of terminal leave notice, interest and costs. The Respondent contended that the Claimant applied for employment by its own advertisement, declared her date of birth as 18th August 1960 in its employment form and national identity card, and that it was not bound by external information in determining employees' ages. Both parties testified; no written submissions were filed. The court framed two issues: whether the retirement was founded on valid grounds and entitlement to reliefs. Holding that a person's date of birth is a constant factor, the court found the Claimant's declaration of 1962 unsupported, since both her employment form with the Respondent and her National Identity Card showed 18th August 1960, and she never amended her identity card or produced proof to the contrary. The notice of retirement was therefore based on valid grounds and not unfair. The Claim was dismissed in its entirety with no orders as to costs.

Key legal issues

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01

Validity of retirement notice based on date of birth

Holding

The notice of retirement was founded on valid grounds because the Claimant's declared date of birth in the employment form and national identity card both showed 18th August 1960

Reasoning

The court found it inconsistent for the Claimant to declare 1962 at first appointment in 1987 but declare 18th August 1960 in the Respondent's employment forms. The National Identity Card supported 1960. The Claimant never amended her identity card with the Registrar of Births and produced no documentary proof of a different date of birth, so the declaration of 1962 lacked evidential support.

p. 4

Legal principles established

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  • A person's date of birth is a constant factor and the declaration of date of birth in the employment application form, if consistent with the national identity card, is binding for retirement purposes

Court orders

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  1. 1.The instant Claim is dismissed in its entirety with no orders as to costs.

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 159(2)(d); Article 48
  • Employment Act2007
  • Civil Procedure ActSection 1B
  • Civil Procedure RulesOrder 21 Rule 1
Jurisdiction invoked
Employment and labour relations jurisdiction under Article 162(2) of the Constitution (not expressly cited in judgment)

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, "Thuku v National Environment Management Authority (Cause E402 of 2021) [2024] KEELRC 682 (KLR)", Case Analysis (2024). Cause No E402 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/682/eng@2024-03-20

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