Kiilu v Commissioner of Police & another (Cause 1654 of 2014) [2024] KEELRC 234 (KLR)
The bottom line
#A Kenyan court adopted an ex-employee's own pension calculation after the employer ignored court directions to compute terminal dues.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the claimant's computation of terminal dues, done using the Public Service Superannuation Scheme, should be adopted as the correct computation given the respondent's failure to respond
- 2.What pension and commuted lumpsum figures represent the claimant's correct terminal dues
Key legal issues
#Adoption of unopposed computation of terminal dues
The court adopted the claimant's computation under the Public Service Superannuation Scheme as the correct computation and final judgment
The prior judgment of 6th May 2020 found the termination wrongful and directed the authorised officer to compute and pay terminal dues. The respondent neither appealed nor co-operated in the computation, and ignored the claimant's calculation despite being served. With no contrary material before it, the court had no option but to adopt the claimant's figures.
Legal principles established
#- Where a respondent fails to co-operate in or respond to a court-directed computation of terminal dues, the court may adopt the claimant's uncontroverted computation as the correct one
Court orders
#- 1.Adoption of the claimant's computation of terminal dues as the correct computation and as the final judgment of the court
- 2.Monthly pension of Kshs.18,576.09 and commuted lumpsum of Kshs.1,486,087.50 as computed
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Continuation/finalisation of an ELRC judgment of 6th May 2020 finding wrongful termination and ordering computation and payment of terminal dues
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
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.
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.
It is so ordered.
Issues in the judgment
#Case number, party names and prior case number are not stated in the judgment text provided
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kiilu v Commissioner of Police & another (Cause 1654 of 2014) [2024] KEELRC 234 (KLR)", Case Analysis (2024). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/234/eng@2024-02-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.