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ELRCDismissed· [2025] KEELRC 1623 (KLR)

Kiama v Attorney General & 2 others (Cause 203 of 2019) [2025] KEELRC 1623 (KLR)

Employment and Labour Relations Court
29 May 2025
671 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to fast-track a soldier's pension payment because he had not obtained clearance and required execution documents from the Kenya Defence Forces.

What this practically means

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Executive summary

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In a judgment delivered on 6 December 2019, the Court awarded Senior Private Benson Maina Kiama pension and/or gratuity and unpaid salaries of Kshs 35,580. On 10 July 2024 the Claimant moved the Court seeking to have his pension and gratuity computed at Kshs 2,700,000 under the Kenya Defence Forces (Pension and Gratuity Regulations) 2021, with interest at 14% from the date of judgment, and costs. The Respondents, through a replying affidavit sworn by Major Bernard Mwenda, opposed the Motion, asserting that the Claimant left service in 2006 and that the applicable instrument was the Armed Forces (Officers and Servicemen) (Pension and Gratuities) Regulations, 1980, under which his accrued pension stood at Kshs 1,106,419.50 with a lump sum entitlement of Kshs 393,393. They further contended the Claimant had not cleared with the Kenya Defence Forces and had not supplied a Certificate of Order against the Government and other execution documents. The Claimant filed no submissions. The Court held that the Respondents had not declined to pay; the handicap was the Claimant's failure to clear with a disciplined force employer and to provide the certified judgment, decree, Certificate of Costs and Certificate of Order against the Government, which are ordinarily required before execution. On interest, the 2019 judgment had awarded none and no exceptional circumstances were shown, with the delay appearing attributable to the Claimant. The Motion dated 8 July 2024 was dismissed with costs.

Key legal issues

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01

Applicable pension regulations

Holding

The Court did not determine the computation; it found payment was not being withheld and refused to fix the sum

Reasoning

The Respondents deponed that the Claimant exited service in 2006, hence the 1980 Armed Forces Regulations and not the 2021 Regulations applied. The Court, however, disposed of the Motion on the basis that payment was ready and willing once the Claimant cleared with the Kenya Defence Forces and supplied certified judgment, decree, Certificate of Costs and Certificate of Order against the Government. No computation was made.

p. 2
02

Interest on an unexecuted judgment

Holding

Interest refused because the earlier judgment did not grant it and no exceptional circumstances were demonstrated

Reasoning

The Court noted the 2019 judgment was silent on interest and that delay in payment was attributable to the Claimant's own failure to supply records. Absent exceptional circumstances justifying the grant of interest not previously awarded, the claim for 14% interest from the date of judgment failed.

p. 2
03

Preconditions to payment by a disciplined force employer

Holding

Clearance with the Kenya Defence Forces is a legitimate precondition

Reasoning

The Court held that a former member of a disciplined force must clear with his former employer, a process carrying security implications, and that the three records demanded by the Respondents are ordinarily required before execution can issue. The Respondents' stated willingness to pay upon fulfilment of these requirements was accepted as having a basis in law.

p. 2

Legal principles established

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  • Certificates of Order against the Government and related records are ordinarily required before execution can issue against the Government
  • Interest will not be awarded post-judgment where none was granted in the principal judgment absent exceptional circumstances

Court orders

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  1. 1.The Motion dated 8 July 2024 is dismissed with costs
Jurisdiction invoked
Employment and Labour Relations Court, enforcing its judgment of 6 December 2019 awarding pension/gratuity and unpaid salaries

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, "Kiama v Attorney General & 2 others (Cause 203 of 2019) [2025] KEELRC 1623 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1623/eng@2025-05-29

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