NAIROBI, Kenya, Nov 3 – Public servants dismissed from office will enjoy terminal benefits following a court decision.
The Public Service Commission (PSC) says employees will not lose their pensions, gratuities, annual allowances, other retiring awards as well as rights or claims enjoyed after dismissals.
PSC decision comes after the Employment and Labour Court ruled that provisions requiring persons who are dismissed from service to forfeit all claims to pension as unconstitutional since it contravened Articles 41(1) and (2)(b) on fair labor practices and working conditions.
Others were Article 40 on protection of right to property and Article 43(1)(e) on the right to social security.
“The Courts have further guided that entitlement to pension, gratuity or any social benefit is a right to property within the meaning of Article 40 of the Constitution,” PSC Chairperson Anthony Muchiri said in a statement.
“The Courts have therefore found it unconstitutional and a violation of the right to property to negate enjoyment of such property or right to such property attained over time,” the Ambassador said.
Under the Service Commissions Act, CAP 185, which has since been repealed, it required public servants dismissed from work to forfeit employment benefits.
Similar provision is also captured under Section 68(4) of the PSC Act, 2017 and Clause 2.25(2) of the Human Resource Policies and Procedures Manual for the Public Service 2016.
Additionally, the Pensions Act provides under Section 5(2) that the Government has the right to dismiss any officer at any time without compensation.
“In this regard, you are directed to inform officers exiting the Service of their right to terminal accrued benefits irrespective of the modality of exit,” Muchiri said.
“Please note and take action accordingly,” he added.
