The Employment and Labour Relations Court has ordered the reinstatement of Administration Police Constable Moses Mumo Muthuvi.
The court found the petitioner, who had served in the police service since 1982, had been prematurely retired by the National Police Service Commission (NPSC) and the Inspector General (IG) of the National Police Service.
In his submissions, the officer, through his lawyer Steven Nzaku, argued that his retirement was unlawful as he was entitled to an extended retirement age due to a disability sustained in a 2011 road traffic accident.
“The Petitioner adduced clear evidence vide the petition, supporting affidavit and further affidavit that in the year 2011, the Petitioner was involved in a road traffic accident in which he sustained various bodily injuries, leaving him with permanent disability characterised by shortening of the right leg, limited hip joint movement and difficulty toileting and has to use clutches in walking,” read the judgement.
He contended that he had been certified as a person with disability by the National Council for Persons with Disability and that his retirement age had been lawfully extended to June 2026 under the Persons with Disability Act, which allows a five-year extension above the mandatory retirement age for public servants living with disabilities.
The respondents (NPSC and IG), on the other hand, countered that the petitioner had been retired in accordance with the mandatory retirement procedures and statutory regulations governing the police service.
They argued that the applicable law was the National Police Service Commission Act and its regulations, and not the Public Service Act, relied upon by the petitioner.
The respondents further contended that the petition was time-barred under the Public Authorities Limitation Act, which caps causes of action against the government at three years from the date the cause of action accrued.
In the judgment dated November 13, 2025, the court ruled that the respondents’ actions, which sought to retire him effective July 1, 2021, violated his constitutional rights to equality, dignity, fair administrative action, and protection under the law.
In response, the court issued declaratory orders confirming that the respondents’ conduct was unlawful and inconsistent with the Constitution and statutory protections for persons with disabilities.
“An order of certiorari calling this court and quashing the decision of the 1st Respondent to cut off the Petitioner from the payroll,” Justice Matthews Nduma further ruled.
Additionally, Mandamus orders were also granted, compelling the respondents to immediately reinstate the petitioner to his previous rank, restore him to the payroll, and pay all arrears, including salary, allowances, and benefits accrued from the date his employment was unlawfully discontinued.
The court further ordered the refund of Sh38,982, after it found it had been illegally deducted as PAYE from the petitioner’s salary in April and May 2018, despite his valid income tax exemption certificate.
The judgment affirmed the petitioner’s entitlement to the full five-year extension of retirement until June 2026 and awarded the costs of the petition in his favour.
