[2015] KEHC 1289 (KLR)
The court found that the petitioner.s constitutional right to social security under Article 43(1) had been violated by the respondents' failure to pay his terminal dues as ordered by a previous court judgment. The respondents' partial payment constituted an admission of liability, and the continued withholding of...
Source-derived case information.
- Citation
- [2015] KEHC 1289 (KLR)
- Parties
- Applicant: Hannington Owaka Okolo; Respondent: The Cabinet Secretary Treasury; Respondent: The Director of Pensions
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 19 of 2014
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- Petition allowed.
- Legal Topics
- Economic and Social Rights, Social Security, Pension Entitlements, Right to Fair Labour Practices
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hannington Owaka Okolo
Applicant
The Cabinet Secretary Treasury
Respondent
The Director of Pensions
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the respondents violated the petitioner.s right to social security by failing to pay his terminal dues.
- 2 Whether the petitioner is entitled to payment of his pension and terminal benefits as ordered by the court.
Ratio Decidendi
The court found that the petitioner.s constitutional right to social security under Article 43(1) had been violated by the respondents' failure to pay his terminal dues as ordered by a previous court judgment. The respondents' partial payment constituted an admission of liability, and the continued withholding of the balance was unjustified. The court emphasized that the judgment in Kisumu CMCC 221/1993 was never appealed or set aside, and thus remained binding and enforceable. The petitioner, having served as a civil servant for approximately 30 years, was entitled to full enjoyment of his retirement benefits. The court therefore allowed the petition and ordered payment of the...
Court Disposition
Petition allowed.
Orders
- The petition dated 10.9.14 is allowed in terms of prayer (3).
- The petitioner shall have costs of this petition.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
CONSTITUTIONAL PETITION OF 19 OF 2014
HANNINGTON OWAKA OKOLO ….....................................................PETITIONER
VERSUS
THE CABINET SECRETARY TREASURY …............................1ST RESPONDENT
HE DIRECTOR OF PENSIONS …...............................................2ND RESPONDENT
J U D G M E N T
The petitioner herein was an employee of Kenya Marine and Fisheries Institute therefore a Civil Servant. His terms of service were permanent and pensionable. He retired in the year 1992 April. From the records, it appears that he was not paid his terminal dues which has necessitated him to file suit in Kisumu CMCC 221/1993. The court ordered that he be paid a sum of Kshs.74,921. 75/=.
Apparently the Kenya Marine department remitted the sum of Kshs.74,921. 15/= to the respondents for onward transmission to the petitioner. It appears that todate the petitioner has not been paid the sum due hence the filing of the petition.
The petitioner has anchored his petition on several Articles of the Constitution and in particular Article 43(1) thereof dealing with the Economic and Social Rights and in particular Social Security.
Having carefully perused the uncontested petition I am satisfied that the rights of the petitioner have been violated. The Respondents have no reason whatsoever to refuse to pay the petitioner his terminal dues He worked as a civil servant for about 30 years or thereabouts and the fact that he was partially paid was a clear admission by the respondents. The several back and forth correspondences attached to the petition are clear testimony that the respondents are alive to the issues herein. In any event the judgment of the court is alive e and well. The same was never overturned in the usual appeal process or compromised in any way. Needless to say a pensioner has every right of enjoying his retirement fully having served his country faithfully.
I shall therefore allow the petition dated 10. 9.14 in terms of prayer (3) therefore. The petitioner shall have costs of this petition.
Dated, signed and delivered this 16th day of November 2015
H. K. CHEMITEI
J U D G E