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…age.…

…age.…

…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 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.…

…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 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.…

…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.…

…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.…

…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.…

…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.…

…In Rutto v Kiprono (supra), the only document produced was a pay slip for June 2013 - six years before the death - and the deceased had passed the retirement age.…

…She was a Public Officer whose employment would ordinarily have run to the retirement age of 60 years, leaving 23 potential working years.…

…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.…

…age considering the realities of life.…

…It is their case that on 1st March 1997, the Applicants' pensions were deferred until attainment of retirement age. 3. When the deferred pensions matured in 2010,the 1st Respondent declined to honour its obligation. 4.…

…age. 10.…

…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.…

…I agree that although 60 years, the age of retirement for most government employees, is used as a standard, it is not mandatory in all cases, and the court has discretion, depending on the circumstances of each case.…

…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 trial court agreed that considering the current retirement age of 60 years, further putting into consideration the vagaries of life agreed that the deceased possibly would have retired at 50 years and thus she found a…

…The court misdirected itself in that in informal employment there is no retirement age and the deceased could have worked past the age 60 years.…

…the award of damages under the Fatal Accidents Act and noting that the deceased was 26 years at the time of his death, the Appellants proposed a multiplier of 15 years while the Respondents proposed 34 years pegged on the retirement…

…age in Kenya.…

…A payslip was attached and listed as document number 12 in the Respondent's list of documents showing his salary, the retirement age for civil servants is 60 years.…

…The trial court used the payslip plus the age of the deceased at the time of death and the retirement age in arriving at its decision oy awarding Kshs. 9,495,176/= for loss of dependency. Issues 1.…

…They urge this court to adopt Ksh 6,896.15 as the multiplicand and 5-6 years as the multiplier using the civil service retirement age of 60 viz avis the 50 years age of the deceased, at a dependency ratio of 2/3 given that…

…He had no retirement age.…