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Civil servants who alter dates of birth warned

By Fred Makana | March 10th 2015

Kenya: Civil servants who alter their dates of birth to delay their retirement have been put on notice by a labour court.

While dismissing a suit by Nairobi City Water & Sewerage Company Ltd employee Rufus Osotsi Olefa with costs, Employment and Labour Relations Court Judge Nelson Abuodha said those who change their dates of birth would be dealt in accordance with the rules.

Justice Abuodha allowed the objection raised by lawyer Titus Koceyo for Nairobi Water that Olefa should retire as he had attained the retirement age of 60.

The applicant moved to court on October 16, 2014, to oppose a decision to retire him on January 1, 2015.

Mr Olefa had maintained that he was due to retire on December 1, 2015, and would lose 11 months salary and benefits if he proceeded on retirement as directed by his employer.

His lawyer told the judge that Olefa had declared his date of birth as December 1955.

"It is inexplicable why the applicant would have opted to vary his date of birth when he was under no threat of retirement. It's a surprise why he simply states his date of birth as 1955 or December 1955 yet he knew it was December 1, 1955," said Justice Abuodha.

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