High Court Advises Parliament To Map Out Laws That Will Address Public Servants Retirement

by Mahakamani News

High court has urged parliament to come up with laws that deal with issues of public servants retirement.

This is after the Employment and Labour Relations Court temporarily declined to grant orders to send KRA boss on compulsory leave.

Justice Nelson Abuodha gave out the directions in a case in which Activist Okiya Omtatah wants Kenya Revenue Authority board compelled to send Commissioner-General John Njiraini on terminal leave pending his retirement.

The court further said that some positions are a preserve of the executive to make decisions unless strong laws are enacted that include public participation. The case will be mentioned on February 7 for directions on the main petition before final ruling on the suit.

Omtatah argues that  Njiraini reached the mandatory retirement age of 60 years on December 19 and should therefore be serving a six-month terminal leave.

He claims that by refusing to appoint an acting commissioner and sending Njiraini on mandatory six months terminal leave pending his retirement, the board and Henry Rotich have neglected their duties, and are poised to breach the law on the 60-years mandatory retirement age for public officials.

The Employment and labour relations court judge  also said that he will hear the petition fully and give out a judgement on the case before Njiraini retires from KRA.

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