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ELRCAllowedNot stated in judgment· [2025] KEELRC 3757 (KLR)

Anyona v Chief of Kenya Defence Forces & 2 others (Employment and Labour Relations Judicial Review 2 of 2014) [2025] KEELRC 3757 (KLR)

Employment and Labour Relations Court
18 December 2025
MNMathews Nduma
470 words in judgment
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The bottom line

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A former soldier won over Kshs 11 million in pension dues after the court adopted his calculations because the government never challenged them.

What this practically means

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Executive summary

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The applicant, a former Kenya Defence Forces Senior Sergeant who joined service in November 1983 and was dismissed on 25th March 2009, filed a notice of motion dated 6th August 2025 seeking adoption of computed retirement benefits pursuant to the court's judgment delivered on 4th November 2016 and a decree dated 16th November 2016. The earlier judgment had quashed the decision to reduce the applicant in rank, forfeit 15 days' pay and dismiss him, and had issued mandamus compelling the respondents to convert the dismissal to retirement under service no longer required (SNR) with retention of the rank of Sergeant and full retirement benefits from the date of the purported dismissal. By the present application the applicant sought adoption of a lump sum pension of Kshs. 3,211,329.15, monthly payments of Kshs. 40,141.62 and arrears of monthly payments of Kshs. 7,867,636.00, plus costs. The respondents were served but filed no response to counter the computation. The court, Nduma J, considered the application and the applicant's submissions, found that the application reflected a proper computation of the pension dues, and granted it as prayed. The respondents were directed jointly and severally to pay, with immediate effect, a lump sum of Kshs. 3,211,329.75, monthly payments of Kshs. 40,141.62 and arrears of Kshs. 7,867,636.00, together with costs of the application. The ruling was dated at Nairobi on 18th December 2025.

Key legal issues

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01

Adoption of computed retirement benefits in execution of a prior judgment

Holding

The court found the application to reflect a proper computation of pension dues and granted it as prayed, directing joint and several payment of the lump sum, monthly payments and arrears

Reasoning

The applicant had obtained judgment on 4th November 2016 quashing his dismissal and compelling his retirement under service no longer required (SNR) with full retirement benefits. He computed the amounts due under a decree dated 16th November 2016. The respondents were served but filed no response challenging the computation. The court considered the application and submissions, found the computation proper, and granted the application as prayed with costs.

p. 2

Legal principles established

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  • Where a respondent is served with an application but files no response to counter a computation of dues, and the applicant's computation reflects a proper calculation, the application may be granted as prayed

Court orders

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  1. 1.Respondents jointly and severally directed to pay the Applicant with immediate effect a lump sum of Kshs. 3,211,329.75
  2. 2.Monthly payment of Kshs. 40,141.62
  3. 3.Arrears for monthly payment in the sum of Kshs. 7,867,636.00
  4. 4.Costs of the application to the Applicant
Jurisdiction invoked
Enforcement/execution of the court's judgment delivered on 4th November 2016 and decree dated 16th November 2016 (Employment and Labour Relations Court)

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, "Anyona v Chief of Kenya Defence Forces & 2 others (Employment and Labour Relations Judicial Review 2 of 2014) [2025] KEELRC 3757 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3757/eng@2025-12-18

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