TEACHERS SERVICE COMMISSION
V.
HENRY KAMAU NGARI & ANOR

JUDGMENT OF THE COURT

1. Teachers Service Commission (TSC), the appellant, employed Henry Kamau Ngari (Mr. Ngari), the 1^st respondent as a teacher in 1983. His employment was subject to the TSC Code of Regulations for Teachers. He was confirmed in employment on 7^th August 1997. He worked as a teacher for 21 years. His last posting was Koimbi Primary School situated in present day Muranga County.

2. By a letter dated 26^th March 2004, TSC notified Mr. Ngari of his impending “compulsory retirement on age grounds”. In the letter, TSC stated:

“The records held in this office indicate that you were born 1950. Therefore, you will have attained 55 years the age for compulsory retirement on 1^st September 2005. You will also have completed the required period for qualifying service for payment of pension. Your last day of service will be 31^st August 2005 up to and including which date you will be paid.”

Alas! That was not to be.

3. Following a complaint that Mr. Ngari had sometime between 9^th and 19^…