Employment and Labor relations court in Nakuru on Thursday reinstated a police officer who was prematurely retired by the National Intelligence service (NIS) after fourteen years of service on medical grounds.
In his Judgment, Justice Stephen Radido ruled that Samuel Tanui’s early retirement from service was unlawful, unfair and un-procedural executed and ordered that he be reinstated to work.
“The NSIS did not produce any document or recorded evidence to suggest that it had intended to retire the claimant on medical grounds and advising him to make representation to the medical service board” said Radido.
The court further stated that the physical incapacity did not necessarily mean inability to be engaged in productive employment as his mental faculties were not negatively impacted.
Samuel Langat Tanui was employed by the National Security Intelligence through a letter dated July 7, 1999 and he was appointed as NSIS officer Level 4 on March 11, 2002.
On July 10, 2013 the NSIS informed him that he was being retired on medical grounds which prompted him to move to court under a certificate of urgency on July 28, 2016 on grounds that he was unlawfully, unfairly and un-procedurally terminated from employment.
He prayed for remedies in compensation and reinstates him to work.
The NSIS in its defense said that their ground of disability was proved since he could no longer perform his duties as he could not move after he was on wheelchair and crutches.
However said that could not have denied him chance for fair hearing or representation.
“According to the evidence by the medical service board, it met and made recommendations to have the claimant retired without his representation which is against the labor practices,” ruled Radido
Considering his fourteen years service, the court issued a declaration that the retirement of the claimant was unfair and NIS ordered to re-engage the claimant.
PHOTO:Employment and Labor relations court inNakuru on Thursday reinstated a police officer who was prematurely retired by the National Intelligence service (NIS) after fourteen years of service on medical grounds.