Kenya National Examinations Council (KNEC) has been ordered to pay Ksh5 million to woman after her employment contract was irregularly terminated.
A Nakuru court found that Florence Kavosa was asked to retire shortly after she was given a letter asking her to proceed on leave in 2015.
A lawsuit that she filed in 2016 indicated that the former staffer had joined the company in March 2008.
Later that year, she was confirmed as the senior deputy and head of finance in 2009, a position that she served on a permanent and pensionable basis.
There was a restructure at the institution later that year where she was moved to the human resource department.
She was later served with an interdiction letter in 2014 before she was told to retire the following year.
Kavosa argued that the directive by her former employer was unlawful and was also marred with misrepresentation of facts.
She, therefore, sought compensation over the decision to have her proceed to early retirement.
In her ruling, Justice Hellen Wasilwa noted that the early retirement directive was issued unfairly and unjustly.
According to the Constitution of Kenya, the mandatory retirement age for all civil servants is 60 years except for disabled people who are allowed to work until they attain the age of 65 years.
“The commission has continued to receive numerous requests for extension of service for various reasons.
"We have decided that, with effect from January 1, the commission shall not approve any extension of service for officers retiring from service upon attainment of the mandatory retirement age of 60 years, and 65 years for persons with disability,” noted Stephen Kirogo, Chairman Public Service Commission, in November 2020.
The retirement age for academic staff of public universities and research scientists is, however, guided by the relevant legislation and guidelines
