JORAM ACHUKU OYOOO
V.
KENYA FISHERIES & RESEARCH INSTITUTE BOARD OF TRUSTEES, KENYA MARINE FISHERIES RESEARCH INSTITUTE

JUDGMENT OF THE COURT

Shorn of all flourish and embellishment, at the heart of this appeal is a simple question: should the appellant’s pension have been calculated and paid under the Pensions Act, Cap 189 Laws of Kenya and the Directorate of Personnel Management (DPM) Circular No. 5 of 11^th November, 1992 or should it have been under the Kenya Marine and Fisheries Research Institute Staff Pension Scheme?

Upon retirement from the first respondent’s employment on 1^st August, 1999, the appellant was paid a pension of KShs.294,920/= based on the first respondent’s staff pension scheme. The appellant however contends that he was short-changed because his pension should have been based on the provisions of the Pensions Act and the DPM circular, which would have entitled him to a more handsome amount.

On 29^th June, 2002, the appellant filed a plaint against the two respondents in the High Court of Kenya, Kisumu, which was subsequently amended with leave on 11^th April, 2003. In the plaint, the …