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 11th 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 1st 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 29th 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 11th April, 2003. In the plaint, the …