KENYA PORTS AUTHORITY V. EDWARD OTIENO

JUDGMENT OF THE COURT

This appeal arises out of a suit tried in the superior court (Oguk, J.) in which the appellant (hereinafter referred to as "KPA") was the defendant and the respondent (to whom we shall refer as "Mr. Otieno") was the plaintiff.

By his plaint, Mr. Otieno stated that he was employed by KPA pursuant to a letter of appointment dated September 25, 1971 as amended by the Kenya Ports Authority Revised Staff Regulations read with the Kenya Ports Authority (Pensions) Regulations 1983; that it was a term of his contract that he could only be made to retire on attainment of the age of 55 years; and that by a letter dated August 23, 1994 the KPA purported to retire him. The plaint went on to claim that thereupon he "suffered loss and damage". He gave particulars of loss of salary, pension, medical allowance, housing allowance, leave allowance, mileage claim, telephone allowance and security services.

The defence denied that Mr. Otieno could only retire on attaining the age of 55…