JUDGMENT OF THE COURT
This appeal arises from the judgment of the Employment and Labour Relations Court (ELRC) (Maureen Onyango, J.) dated 6th November, 2015 in which the respondent's claim of unlawful and unfair retirement was allowed and an order of reinstatement to employment made.
We may relate the relevant facts briefly:
The respondent had a 30-year working career in the public service, 19 of them with the Parliamentary Service Commission (PSC) (the appellant) where she rose through the ranks to the post of Deputy Director at the appellant’s Centre for Parliamentary Studies and Training (CPST). Her substantive post was Assistant Deputy Clerk. In all her years as a public servant, and especially with the appellant, the respondent never received any complaints about her work or faced any disciplinary proceedings. Indeed her annual staff appraisals were always exemplary.
But the year 2013 was different. Her newly employed boss as Director of CPST (since October 2012), Prof. Nyokabi Kama…