Search court decisions

…For government employees, the age of retirement is 60. In the private sector it may depend on the contract of employment. For those gainfully employed in their own personal pursuits, it may depend on various factors.…

…No documents were produced from his employer on retirement age. In view of that, adopting the retirement age in the public sector could be useful and helpful.…

…In law and fact by failing to hold that the subject matter of the suit before the Trial Court falls within the jurisdiction of Retirement Benefits Appeal pursuant to Section 53 of the National Social Security Fund. iii.…

…The correct forum, in their view, was the Retirement Benefits Appeal Tribunal under Section 53 of the NSSF Act.…

…consider an age of retirement higher than that.…

…No documents were produced from his employer on retirement age. In view of that, adopting the retirement age in the public sector could be useful and helpful.…

…Similarly, in Shabani v City Council of Nairobi [19851 KLR , it was held that multipliers must account for uncertainties of life, early retirement, and potential illnesses.…

…Given that the official retirement age in Kenya is 60 years, and taking into account the possibility of ill health, job loss, or other interruptions, a multiplier of 15 years is more realistic and just.…

…Kamau, J), where a point had been made that there was no retirement age for a businessman.…

…What would be considered would be the actual age of the deceased, against the average mortality rate in the country and the age of retirement, for the sort of engagement the deceased was in.…

…The conventional retirement age in Kenya is 60 years. The appellant’s counsel submitted that being a business woman the deceased would not have been restricted to the retirement age of 60 years.…

…Albert Kubai Mbogori [2013] eKLR in which the court held: “A private business, especially run from home as the deceased was conducting cannot be limited by any formal retirement age.…

…The Respondents alleged that the 3 rd Appellant, being the Executive President of the 2 nd Appellant, had attained the mandatory retirement age of sixty-five (65) years and was therefore holding office illegally and unlawfully…

…By alleging that the 3 rd Appellant had surpassed his retirement age and drawing a salary, the Respondents had instituted an employment dispute. 17.…

…The appellant was 50 years of age with five years to go until retirement.…

…He considered that the appellant as a man of 50 years old was fast reaching the age of retirement.…

…The deceased, who died at the age of 40, was a driver; the court should take into account the vicissitudes of life and consider that the retirement age is typically 55.…

…The deceased was 40 years old at the time of death, as per his death certificate, and the retirement age for civil servants in Kenya is set at 60 years.…

…The deceased, who died at the age of 40, was a driver; the court should take into account the vicissitudes of life and consider that the retirement age is typically 55.…

…The deceased was 40 years old at the time of death, as per his death certificate, and the retirement age for civil servants in Kenya is set at 60 years.…

…On the multiplier, it is submitted that the deceased died at age 54, while the official retirement age is 60 years.…

…It is argued that he was 6 years away from retirement age, and the vagaries and vicissitudes of life ought to have been considered, in working out the multiplier.…

…They urge the court to find that being employed in private sector the deceased may have worked beyond the 60-year retirement age under Government Labour regulations.…

…and that the deceased would have lived up to the retirement age considering the realities of life.…

…Some of the factors to be taken into consideration by a court in the exercise of its mandate on the choice of the two are the age of the deceased, nature of the profession he was engaged in, possibility of retirement from…

…employment where the profession engaged in provides for a retirement age and, lastly, possibility of death through natural causes and departure for greener pastures elsewhere.” 16.…

…It adopted a multiplier of 34 years, calculated from the retirement age of 60 and subtracting it with his age of 23 and rounded down and a dependency ratio of 1/3 as he was survived only by his mother.…

…The trial court also adopted a multiplier of 34 years, which was calculated as the remaining years up to the retirement age of 60 and then slightly reduced to account for the vagaries and uncertainties of life.…

…and that the deceased would have lived up to the retirement age considering the realities of life.…

…I f he completed college and got employed in formal sector, the retirement age is 60 years old.…

…The applicant, Kenya Port Authority Retirement Benefits Scheme, seeks the following orders:- (1) Spent; (2) Spent; (3) Spent; (4) That pending the hearing and determination of this appeal, there be issued an order of stay…

…and determination of this appeal, this honourable Court be pleased to set aside the garnishee order nisi issued on Mombasa CMCC No 105 of 2017; Cemtec Engineering Ltd v Kenya Ports Authority Retirement Benefits Scheme on…

…There is nothing on record to show the retirement age at the deceased’s place of work.…

…The deceased was not working in a government institution where the retirement age is easily ascertainable and, in the circumstances, we can only relate.…

…Some of the factors to be taken into consideration by a court in the exercise of its mandate on the choice of the two are the age of the deceased, nature of the profession he was engaged in, possibility of retirement from…

…employment where the profession engaged in provides for a retirement age and, lastly, possibility of death through natural causes and The Judiciary of Kenya Doc IDENTITY: 269075724117277416524420750900 Tracking Number:OOPYKJ2025…

…The retirement age is 60 years. It is prudent to factor in the vicissitudes of life in determining the multiplier to be adopted. Courts have repeatedly addressed this issue with clarity.…

…There is no guarantee that the deceased could have lived to the retirement age of 60 years, as suggested by the Plaintiffs.…