https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/1751

Macharia v Chief Administrative Secretary (CAS) of the Ministry of Agriculture and Livestock Development & another (Petition E239 of 2025) [2026] KEELRC 1751 (KLR) (25 June 2026) (Judgment) Neutral citation: [2026] KEELRC 1751 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Nairobi Petition E239 of 2025 M Mbarũ, J June 25, 2026 Between John Mwaura Macharia Petitioner and Chief Administrative Secretary (CAS) of the Ministry of Agriculture and Livestock Development 1st Respondent Director Of Human Resource Management and Development of the Ministry of Agriculture and Livestock Development 2nd Respondent Judgment 1.The background of this petition is that the respondents did not enter an appearance or file any record. 2.The petitioner filed only the petition. On 25 May 2026, the counsel for the petitioner attended court and submitted that he had filed and served written submissions. None are on record. Petition 3.The Petitioner is an adult male. The 1st Respondent is the Chief Administrative 4.Secretary (CAS) of the Ministry of Agriculture and Livestock Development. The 2nd Respondent is the Director of Human Resource Management and Development at the Ministry of Agriculture, Livestock, Fisheries and Cooperatives. 5.The petitioner is a retired civil servant formerly employed by the Respondent on Permanent and Pensionable terms from 10 February 1993 to 30 September 2012. He retired while serving as Principal Agricultural Officer, Job Group N, stationed at Nyayo House, Nairobi. He has served for 20 years since his appointment. 6.The Petitioner avers that his early retirement on 30 September 2012 was processed in accordance with the applicable public service regulations and was neither contested nor delayed by the Respondent. Upon retirement, the Petitioner became legally entitled to receive his full pension benefits and a Certificate of Service, as provided under Section 51(1) of the Employment Act. However, despite meeting all conditions of service and exiting lawfully, the Respondent has failed, refused, and neglected to remit the Petitioner's retirement dues or issue the mandatory Certificate of Service. This omission has caused the Petitioner prolonged financial hardship and emotional distress, and has impeded his ability to access post-retirement entitlements, including medical cover, housing support, and other benefits tied to his pension status. 7.The petition is that the Petitioner issued a demand notice for payment of his retirement dues in the amount of Kshs. 6,898,440. The Ministry of Agriculture received the Notice on 30 January 2023. In a letter dated 28 March 2023, the Ministry, through Chief State Counsel Ms Terry Gathagu, wrote to the Attorney General seeking advice on the status of the previously instituted suits, MCC4253/14 and MCC4254/14, at the Milimani Commercial Court, and on whether the Claim for retirement dues should be paid. 8.The Respondents had previously instituted suits MCC4253/14 and MCC4254/14 at the Milimani Commercial Court, alleging salary overpayment and bond-related obligations against the Petitioner. These suits were heard and subsequently dismissed in 2021 and 2022, respectively. The dismissal of these suits legally extinguished any claims the Respondent may have had against the Petitioner, thereby affirming the Petitioner's entitlement to his full retirement benefits without deduction or encumbrance. The Respondent has not appealed or sought review of those decisions, and the judgments remain binding. 9.The demand Notice was acknowledged by a letter dated 13 November 2023 from the Attorney General, reference numbers AG/GC/MOA/283 & 284/14, confirming that they were in communication with the Ministry of Agriculture and Livestock Development and that they would revert upon receipt of instructions. 10.The Attorney General, through a letter with reference number dated 16 January 2024, to the Principal Secretary, Ministry of Agriculture and Livestock Development, State Department of Crop Development, explicitly acknowledges the Petitioner's retirement claim amounting to Kshs. 6,586,584.00 and advised the Ministry to pay the Petitioner the Retirement Amounts due, less the bond obligation of Kshs. 1,838,464. The letter further confirms that the referenced suits MCC4253/14 and MCC4254/14 were dismissed and that no further legal proceedings were instituted. 11.The Ministry of Agriculture had undertaken to pay the retirement dues. However, there has been no payment to date, in violation of the Petitioner's legitimate expectation and constitutional rights under Articles 27, 41, 47, and 48 of the Constitution. hence these proceedings to secure employment rights.The petitioner is seeking the following:a.pension dues for 20 years, Ksh. 6,700,800.b.Utilised 45 leave days, 197,640.Less bond obligations Ksh. 1,838,464.Total due Ksh. 5,059,976.c.Certificate of service. 12.The petitioner supports the petition with his affidavit and reiterates the allegations therein. 13.In support of the petition, the petitioner has attached various records, including 14.the letter from the respondents dated 20 March 2023 regarding consultations on various suits between the parties, including MCC4253/14 and MCC4254/2014. There are also court orders dismissing these suits by the respondent. 15.Fundamentally, there is a letter dated 16 January 2024 by the Attorney General regarding the dues owed to the petitioner, which is confirmed by the line Ministry, with the respondent advising on the payment. 16.In this regard, although employment was terminated by retirement on 30 September 2012, and the petitioner ought to have moved the court in accordance with the court rules, the respondents, through their conduct, have revised his case by issuing various letters admitting the terminal dues owed. The ripple effect is to revise the claims for payment of sessions and leave days, and to deduct the amount the petitioner owes on bond obligations. 17.However, the time lapse has affected the claim for accrued leave, which is now 45 days. Under section 28(4) of the Employment Act, such accrued leave days are defined as continuing injuries and should have been claimed immediately upon cessation of employment. Although the respondents filed MCC4253/14 and MCC4254/2014, and the suits were dismissed, the petitioner sat on his rights and has since abated. Accrued leave days as defined continuing injuries must be addressed within the law under the Employment Act as held in George Hiram Ndirangu v Equity Bank Limited [2015] KEELRC 945 (KLR), the case of Rift Valley Railways (Kenya) Ltd v Hawkins Wagunza Musonye & another [2016] KECA 213 (KLR) and The German School Society & another v Ohany & another [2023] KECA 894 (KLR) that any continuing injury such as accrued leave days should be lodged in court within 12 days from the date of cessation of such injury. 18.Whereas there is no contest of the accrued leave days by the non-attendance of the respondent, under the law, such a claim has since abated. 19.On pension due, this is admitted and due and is payable at Ksh. 6,700,800 less what is due from the petitioner as a body obligation in the amount of Ksh. 1,838,464 with a total due of Ksh. 4,862,336. 20.On the alleged constitutional violation, apart from citing the various constitutional provisions, the petitioner did not particularise the alleged violation in a precise manner to allow the court to analyse and address it. Although the petitioner opted to move the court by way of petition, the matters set out would have been better addressed in a Memorandum of Claim. 21.On the alleged violations, the court was denied the benefit of any written submissions. With the pensions due admitted and addressed above, such shall suffice. 22.The respondent opted not to attend these proceedings despite being served. 23.The petitioner has also not done his part well and has failed to file written submissions despite indicating to the court that he had done so.Each party shall meet its costs. 24.Accordingly, judgment is hereby entered for the petitioner against the respondents for payment of pension dues, less the bond obligation, in the amount of Ksh. 4,862,336. No orders on costs. DELIVERED VIRTUALLY THIS 25TH JUNE 2026.M. MBARŨJUDGEIn the presence of:Court Assistants: Nelson Kemboi and Catherine Makau……………………………………………… and………………….…………………………...