The Court of Appeal has dismissed a petition filed by Eng. Peter Njaggah challenging his early retirement at the age of 60 despite his recent registration as a person with disability, which he argued entitled him to remain in public service until the age of 65.
In a unanimous judgment delivered by Justices Patrick Kiage, Weldon Korir, and Joel Ngugi, the court upheld a previous ruling by the Employment and Labour Relations Court (ELRC), which found that Njaggah’s fixed-term contract with the Water Services Regulatory Authority (WASREB) remained binding despite his later disability registration.
Njaggah was employed on November 4, 2020, as Director of Standards, Licensing, Advocacy and Public Education at WASREB on a five-year contract or until his 60th birthday, whichever came first. He was issued a retirement notice in February 2022 and retired in December the same year upon turning 60.
Njaggah had argued that his registration as a person with disability on December 9, 2022 just 20 days before his official retirement should have extended his service until 65, in line with the Persons with Disabilities Act and Public Service Commission (PSC) regulations.
However, the appellate court ruled that Njaggah failed to meet key statutory conditions to benefit from the extended retirement age, including the requirement that a person with disability must have been registered in the employer’s HR database for at least three years prior to retirement, unless approved by the PSC.
Further they said there was no evidence that the necessary PSC approval had been sought or granted.
His tax exemption certificate and other documents were obtained after the effective retirement date, rendering them irrelevant to his eligibility.
The court rejected Njaggah’s argument that statutory provisions had overridden his employment contract, finding that contractual terms clearly stipulated his exit at age 60, unless properly varied.
“Disability can occur at any point in a person’s life,” the court observed, “but this does not nullify the contractual and regulatory processes required to effect a change in retirement age.”the judgement reads
Though dismissing the appeal, the judges ordered each party to bear their own legal costs, citing Njaggah’s status as a registered person with disability who is no longer in gainful employment.
