[2015] KEELRC 279 (KLR)
The court found that the Applicant's date of birth, as evidenced by his National ID and birth certificate, was 18th May 1956. The 1st Respondent's decision to retire the Applicant based on an incorrect date of birth was made in error. The Respondents did not contest the Applicant's evidence or submissions. The court...
Source-derived case information.
- Citation
- [2015] KEELRC 279 (KLR)
- Parties
- Applicant: Mohamoud Hussein Abdi; Respondent: Commissioner General of Prisons; Respondent: Attorney General
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 15 of 2014
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- Application granted as prayed.
- Legal Topics
- Compulsory Retirement Age, Public Service Employment, Judicial Review Remedies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamoud Hussein Abdi
Applicant
Commissioner General of Prisons
Respondent
Attorney General
Respondent
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the 1st Respondent's decision to retire the Applicant was based on the correct date of birth.
- 2 Whether the Applicant is entitled to judicial review orders of certiorari and prohibition against the Respondents.
Ratio Decidendi
The court found that the Applicant's date of birth, as evidenced by his National ID and birth certificate, was 18th May 1956. The 1st Respondent's decision to retire the Applicant based on an incorrect date of birth was made in error. The Respondents did not contest the Applicant's evidence or submissions. The court held that the Applicant was entitled to judicial review orders of certiorari to quash the impugned retirement decision and prohibition to restrain the Respondents from enforcing the erroneous decision. The court further directed that the Applicant's due retirement date is 18th May 2016, when he would attain the mandatory retirement age of 60 years.
Court Disposition
Application granted as prayed.
Orders
- An order of certiorari is issued to quash the decision of the 1st Respondent retiring the Applicant by letter dated 13th November 2013.
- An order of prohibition is issued restraining the Respondents from enforcing the impugned retirement decision.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW NO. 15 OF 2014
MOHAMOUD HUSSEIN ABDI ……….….……...........................................……. CLAIMANT
VERSUS
COMMISSIONER GENERAL OF PRISONS ..….................................... 1ST RESPONDENT
ATTORNEY GENERAL …………………….......................................…. 2ND RESPONDENT
Mr. Nyasani for Claimant / Applicant
M/S Mumo for Respondents
JUDGMENT
The Applicant was granted leave on 19th May 2014 to file judicial review Application seeking for orders that:
an order for certiorari do issue to remove into this Honourable Court and quash the decision of the 1st Respondent by the letter referenced “PF/ 76000515/168” and dated 13th November 2013 addressed to Mohamoud Hussein Abdi informing him that he is to be retired having attained the compulsory retirement age of sixty (60) years.
an order for prohibition do issue restraining the Respondents from taking any further proceedings, execution or enforcement of the 1st Respondent’s decision in the letter referred “PF/76000515/168” and dated 13th November 2013 addressed to Mohamoud Hussein Abdi informing him that he is to be retired having attained the compulsory retirement age of sixty (60) years.
The leave granted operated as a stay of decision made by the 1st Respondent for the compulsory retirement of Mohamoud Hussein Abdi.
The application is grounded on the following facts which have not been disputed, the Respondents having failed to enter appearance nor defend this matter.
The Applicant states that he was born on 18th May 1956 as per his National identification card and birth certificate produced in support of this Application.
On the basis of these documentation, the Claimant states that he is due to retire on 18th May 2016 and not as alleged by the 1st Respondent in the letter dated 13th November 2013, that he was born on 1st July 1954.
The Applicant submitted that the decision by the 1st Respondent was made in error and the same should be quashed as prayed and the Court orders that Applicant be retired on 18th May 2016 on which date he will have attained the mandatory retirement age of 60 years.
The Respondents having failed to oppose this application, and on the basis of the documentation placed before the Court, the Application is granted as prayed and the Court further directs that the due date for the retirement of the Applicant is 18th May 2016.
Dated and Delivered at Nairobi this 30th day of October 2015
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE