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Omiyah v Kenya Electricity Generating Company PLC (Employment and Labour Relations Cause E1161 of 2025) [2025] KEELRC 3714 (KLR)

Employment and Labour Relations Court
17 December 2025
2,041 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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A Kenyan public servant with a disability was not allowed to retire at 65 because he registered as a disabled person less than three years before retirement.

What this practically means

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Executive summary

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The Claimant, a driver at the Respondent's Olkaria Geothermal Power Plant, challenged the Respondent's decision to retire him at 60 years, contending that as a person living with disabilities he was entitled to retire at 65 years under the Persons with Disabilities Act No.4 of 2025 and the Constitution. He was issued a retirement notice dated 5th August 2024 requiring retirement effective 31st December 2025. He was registered by the National Council for Persons with Disabilities on 17th January 2025. By the application dated 24th November 2025, he sought an interim injunction restraining the Respondent from stopping him from performing his duties, together with directions for early hearing. The Respondent opposed, relying on section 80 of the Public Service Commission Act and Regulation 70(2)(b) of the Public Service Commission Regulations, 2020, which requires an officer to be registered in the public body's HR database as a person with disability at least three years before retirement. Applying the Giella v Cassman Brown conditions and following Muthamia, Njaggah and Oyaro, the court held the Claimant had no prima facie case, having been registered only about one year before retirement; that his loss was quantifiable and compensable in damages; and that the balance of convenience favoured refusing the injunction. The court declined the injunction but granted the request for a priority hearing in view of the disability, with costs of the application to abide the result of the suit.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Claimant has demonstrated a prima facie case with probability of success entitling him to an interim injunction restraining retirement at 60 years
  2. 2.Whether failure to grant the injunction would occasion the Claimant irreparable harm not compensable by damages
  3. 3.Where the balance of convenience lies

Key legal issues

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01

Prima facie case for interim injunction based on extended retirement age for persons with disabilities

Holding

No prima facie case established because the Claimant was registered only about one year before retirement, short of the three-year database registration requirement under Regulation 70(2)(b)

Reasoning

Regulation 70(2)(b) of the Public Service Commission Regulations, 2020 requires registration in the public body's HR database at least three years before retirement. The Claimant's registration by the National Council for Persons with Disabilities occurred in January 2025, approximately one year before the retirement date of 31st December 2025. Precedent confirms non-compliance forfeits the entitlement to retire at 65.

p. 3
02

Irreparable harm

Holding

Not demonstrated; the loss is quantifiable as five years' emoluments and reinstatement or re-engagement is available

Reasoning

The affidavit did not address irreparable harm. In any event, the loss is the equivalent of emoluments for the extended five-year period, which is quantifiable and compensable by damages, following Oyaro v KENGEN. The availability of reinstatement or re-engagement if the suit succeeds further negates irreparable injury.

p. 4
03

Balance of convenience

Holding

Tilts against granting the injunction

Reasoning

Since no material demonstrated compliance with Regulation 70(2)(b), granting the injunction would compel the Respondent to retain the Claimant on its payroll when, prima facie, this may contravene prevailing law.

p. 4

Legal principles established

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  • Entitlement to retire at 65 as a person with disability requires registration in the public body's human resource database at least three years before the date of retirement
  • Giella v Cassman Brown conditions govern interim injunctions: prima facie case, irreparable harm, balance of convenience

Court orders

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  1. 1.The court declines to issue the orders of interim injunction prayed for in the application dated 24th November 2025
  2. 2.The case to be heard on a priority basis in view of the Claimant's disability
  3. 3.Costs of the application to abide the results of the case

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment disputes; interim relief sought under the application dated 24th November 2025

Relief refused

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Interim injunction restraining the Respondent from stopping the Claimant from performing his duties pending hearing

No prima facie case; registration in the Respondent's database less than three years before retirement; loss quantifiable; balance of convenience against granting

p. 4

Costs

Costs of the application will abide the results of the case.

Quotable passages

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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 upshot is that the court declines to issue the orders of interim injunction prayed for in the application dated 24th November 2025.
p. 4Disposition - injunction refused
However, in view of the Claimant’s disability, the court grants his request for the case to be heard on priority basis.
p. 4Priority hearing granted
Costs of the application will abide the results of the case.
p. 4Costs
In efiect, the fact of disability is not the sole determinant for one to benefit from the retirement age of sixty five (65) years.
p. 3Entitlement to retire at 65 for persons with disabilities

Issues in the judgment

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minor

Numerous typographical errors in the judgment text (e.g. 'efiect', 'sufier', 'foretasted', 'afidavit')

minor

Judgment refers to the Persons with Disabilities Act No.4 of 2025 as already operative while describing events in 2024-2025; the statute relied on is a 2025 Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Omiyah v Kenya Electricity Generating Company PLC (Employment and Labour Relations Cause E1161 of 2025) [2025] KEELRC 3714 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3714/eng@2025-12-17

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.