[2014] KEHC 6481 (KLR)
The court found that the applicant was a duly employed police officer and a member of the Kenya Police Sacco Ltd. The only evidence before the court was a letter confirming the applicant's share contributions totaling KES 99,700. In the absence of any contrary evidence or legal basis to withhold the funds, the court...
Source-derived case information.
- Citation
- [2014] KEHC 6481 (KLR)
- Parties
- Applicant: Paul Kivisi Lusiti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 102 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Legal Topics
- Employment Benefits, Sacco Deductions, Prisoners Entitlements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Kivisi Lusiti
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to payment of his Sacco deductions after conviction and imprisonment.
- 2 Whether the Kenya Police Sacco Ltd is obligated to pay the applicant his contributions despite his conviction.
Ratio Decidendi
The court found that the applicant was a duly employed police officer and a member of the Kenya Police Sacco Ltd. The only evidence before the court was a letter confirming the applicant's share contributions totaling KES 99,700. In the absence of any contrary evidence or legal basis to withhold the funds, the court held that the applicant is entitled to payment of his Sacco contributions. The court ordered the Kenya Police Sacco Ltd to pay the applicant's entitlement within 30 days, with the sum to be paid to the Deputy Registrar for further instructions on disbursement.
Court Disposition
application allowed
Orders
- Kenya Police Sacco Ltd to pay the applicant's entitlement of KES 99,700 within 30 days from the date of the ruling.
- The sum to be paid to the Deputy Registrar of the court, with the applicant to provide further instructions on disbursement.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
MISC. APPL. 102 OF 2012
PAUL KIVISI LUSITI......................................................................APPLICANT
VERSUS
REPUBLIC..................................................................................RESPONDENT
R U L I N G
The application filed by the applicant herein which is undated fundamentally asks this court to order the Kenya Police Sacco to pay to the appellant who is currently serving a life sentence his dues which were deducted while on employment.
The appellant has come by way of several provisions of the constitution but essentially he is demanding for his deductions.
The appellant prior to being convicted for an offence of murder on 30-1-2006 was serving as a police officer with police No. 52853/86117754.
The learned state counsel after several adjournments where he sought to get more facts from the Sacco but in vain conceded to the application but not before filing a replying affidavit.
The application is not well drafted and this is well understood. But the bottom line is this court should look at the spirit of the said application.
Having perused the same in the absence of any contrary views it is my finding that the applicant was duly employed by the Kenya Police and he was a member of the Kenya Police Sacco Ltd. The only document availed to court is a letter dated 23-9-2007 which showed his contributions on shares to be 99,700/=.
Consequently, I do order that the Kenya Police Sacco Ltd do pay the applicant's entitlement within the next 30 days from the date herein. The aforesaid sum should be paid to the Deputy Registrar of this court where the applicant shall give further instructions to the registrar on disbursements thereof.
Orders accordingly.
Dated, signed and delivered at Kisumu this 3rd day of March, 2014.
H.K. CHEMITEI JUDGE