YOVUYIBOR AND ANOTHER vs. ATTORNEY- GENERAL AND ANOTHER

The question of the compulsory retiring age for police officers was discussed by this court in Jiagge v Inspector-General of Police, Supreme Court, 26 March 1990, unreported when the plaintiff, Jiagge, challenged a ruling of 1980 by the Police Council that article 162(1) of the Constitution, 1979 which had raised the compulsory retiring age for public officers from 55 years to 60 years did not apply to members of the Police Service. The court held that the council was right and dismissed the action. The reason was this: whereas under the Constitution, 1969 the Police Service had, by article 142, been retained as part of the public services, the Constitution, 1979 had deliberately taken it out of the public services. The court found this intention in article 154(1) of the Constitution, 1992 where the Police Service had been omitted from the list of public services, and article 172(1) of the Constitution, 1979 which, after repeating article 142 of the Constitution, 1969 that there shall ...