Kiilu v Commissioner of Police & another [2024] KEELRC 234 (KLR)

Kiilu v Commissioner of Police & another (Cause 1654 of 2014) [2024] KEELRC 234 (KLR) (9 February 2024) (Ruling)

Neutral citation: [2024] KEELRC 234 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Cause 1654 of 2014

NJ Abuodha, J

February 9, 2024

Between

Charles Muli Kiilu

Claimant

and

Commissioner Of Police

1st Respondent

The Hon Attorney General

2nd Respondent

Ruling

1. The judgment of this court was delivered on 6th May, 2020. The court found that the termination of the claimant’s service was wrongful, and unwarranted. The court therefore ordered the respondent to pay the claimant;a.One month’s salary in lieu of notice.b.Pension, gratuity and all terminal benefits payable at the time of dismissal as if the claimant left service normally.c.The authorized officer to compute and pay the claimant’s dues as above.

2. To date, the respondent neither appealed the court’s judgment nor co-operated with the claimant in computing his terminal dues as directed by the court.

3. The claimant has consequently filed what he considers is reasonable computation of his terminal dues. The computation he states has been done using the Public Service Superannuation Scheme. The respondent once again ignored and or failed to respond to the claimant’s calculation despite being served with the same.

4. The court is therefore left with no option but to adopt the same as the correct computation and hence the final judgment of the court in this matter.No. of months served – 345Basic salary = Kshs.34,460Unreduced annual pension = 345 *413,520*1/480=Kshs.297,217. 50Reduced annual pension = 297,217*3/4=Kshs.222,913. 13Monthly pension =Kshs.18,576. 09Commuted lumpsum = 297,217. 50*1/4*20= Kshs.1,486,087. 50

5. It is so ordered.

DATED AT NAIROBI THIS 9TH DAY FEBRUARY, 2024DELIVERED VIRTUALLY THIS 9TH DAY OF FEBRUARY, 2024. ABUODHA NELSON JORUMJUDGE