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ELRCPartially AllowedNot stated (Appeal from Retirement Benefits Appeals Tribunal decision of 11th September 2013)· [2015] KEELRC 1060 (KLR)

Amon O Chuchu & 39 others v Retirement Benefits Authority & 2 others [2015] KEELRC 1060 (KLR)

Industrial Court (Employment and Labour Relations Court)
25 May 2015
2,911 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment and Labour Relations Court struck out a pension appeal because no law allows direct appeals from the Retirement Benefits Appeals Tribunal—judicial review is the proper route.

What this practically means

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Executive summary

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The 2nd respondent, Barclays Bank of Kenya Pension Scheme, filed a Notice of Motion seeking to strike out an appeal filed by the appellants (led by Amon O Chuchu) against a decision of the Retirement Benefits Appeals Tribunal. The applicant argued that the Retirement Benefits Act provides no right of appeal from the Tribunal, that the appellants had already filed JR No. 78 of 2014 challenging the same decision, making the appeal a duplication and abuse of process, and that the appeal was filed out of time under Rule 8 of the Industrial Court (Procedure) Rules. The appellants countered that the Court had exclusive jurisdiction over employment and labour relations disputes under section 4 and 12 of the Industrial Court Act and Article 162(2) of the Constitution, and that the judicial review proceedings had been abandoned. The Court framed three issues: jurisdiction, the existence of a right of appeal, and whether the appeal should be struck out. It held that retirement benefits disputes fall within its jurisdiction since they arise from employment and labour relations, but that no statutory right of appeal lies from the Tribunal; recourse is by judicial review. Filing both judicial review and an appeal amounted to a multiplicity of suits and abuse of process. The appeal was also out of time and non-compliant with the Rules. The Court allowed the application, struck out the appeal, and ordered each party to bear their own costs.

Key legal issues

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01

Whether the Court has jurisdiction over retirement benefits disputes

Holding

Yes; retirement benefits arise from employment and labour relations and fall within the Court's exclusive mandate under Article 162(2).

Reasoning

The Court reasoned that retirement benefits in their very nature arise from employment and labour relations. The Tribunal is a subordinate court/tribunal under Article 169(1)(d), and the High Court's supervisory jurisdiction over such bodies, in employment and labour relations matters, is redirected to this Court by Article 165(5)(b). Rights flowing from employment relations may be asserted here by judicial review, petitions or applications.

p. 4
02

Whether there is a right of appeal from the Retirement Benefits Appeals Tribunal

Holding

No statutory right of appeal exists; the Retirement Benefits Act does not prescribe appeals to this Court under Rule 18 of the Industrial Court (Procedure) Rules.

Reasoning

Appeals before the Court are governed by section 18 of the Industrial Court Act and Rule 18 of the Procedure Rules, which allow appeals from prescribed courts, tribunals or commissions under written law. The Retirement Benefits Act does not prescribe an appeal from the Tribunal. An aggrieved party's recourse is by way of judicial review or other appropriate process, not a direct appeal.

p. 5
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Whether the Appeal should be struck out

Holding

Yes; the Appeal is an abuse of process given the concurrent JR No. 78 of 2014, and was filed without leave and out of time.

Reasoning

The existence of JR No. 78 of 2014 was not denied and its abandonment was not evidenced. Filing both proceedings is a multiplicity of suits and fishing too wide. The Appeal also failed to comply with Rule 8 of the Industrial Court (Procedure) Rules and was filed over two years after the Tribunal's decision, with no explanation for the delay, which omission is fatal.

p. 6

Legal principles established

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  • The Industrial Court has jurisdiction over matters of retirement benefits as they arise from employment and labour relations
  • An aggrieved party cannot simultaneously pursue judicial review before the High Court and an appeal before the Industrial Court; such multiplicity is an abuse of process
  • A right of appeal arises only by grant of statute, and appeals before the Industrial Court must comply with the Industrial Court (Procedure) Rules

Court orders

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  1. 1.Application dated 19th December 2014 allowed
  2. 2.The Appeal struck out
  3. 3.Each party to bear their own costs

Authorities

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Legislation

  • Constitution of KenyaArticle 162(2)
  • Constitution of KenyaArticle 165(3)(e)
  • Constitution of KenyaArticle 165(5)(b)
  • Constitution of KenyaArticle 165(6)
  • Constitution of KenyaArticle 169(1)(d)
  • Industrial Court Actsection 4
  • Industrial Court Actsection 12(1)
  • Industrial Court Actsection 12(3)
  • Industrial Court Actsection 18(b)
  • Retirement Benefits ActNot specified
  • Employment Actsection 87(1)
  • Civil Procedure RulesOrder 2 Rule 15
  • Industrial Court (Procedure) RulesRule 8
  • Industrial Court (Procedure) RulesRule 16(1)
  • Industrial Court (Procedure) RulesRule 18
  • Industrial Court (Procedure) RulesRule 27(1)(g)

Cases cited (4)

  • The Board of Trustees of New Kenya Creameries (Junior) Staff Pension Scheme versus Retirement Benefits Authority
    [2012] eKLR
  • Trustees of Teleposta Pension Scheme versus Attorney General & 5 others
    [2014] eKLR
  • Beatrice Achieng Osir versus The Board of Trustees Teleposta Pension Scheme
    Cause No. 665 of 2011
  • Central Organisation of Trade Unions & Another versus Cabinet Secretary Labour Social Security & Services and Another
    Cause No. 2013 of 2014
Jurisdiction invoked
Article 162(2) of the Constitution and sections 12 and 18 of the Industrial Court Act

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (2)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Amon O Chuchu & 39 others v Retirement Benefits Authority & 2 others [2015] KEELRC 1060 (KLR)", Case Analysis (2015). Not stated (Appeal from Retirement Benefits Appeals Tribunal decision of 11th September 2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1060/eng@2015-05-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.