Amon O Chuchu & 39 others v Retirement Benefits Authority & 2 others [2015] KEELRC 1060 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the Court has jurisdiction over retirement benefits disputes
Yes; retirement benefits arise from employment and labour relations and fall within the Court's exclusive mandate under Article 162(2).
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.
Whether there is a right of appeal from the Retirement Benefits Appeals Tribunal
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.
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.
Whether the Appeal should be struck out
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.
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.
Legal principles established
#- 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
#- 1.Application dated 19th December 2014 allowed
- 2.The Appeal struck out
- 3.Each party to bear their own costs
- Jurisdiction invoked
- Article 162(2) of the Constitution and sections 12 and 18 of the Industrial Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- The Board of Trustees of the Teleposta Pension Scheme (ex parte Applicant) v Retirement Benefits Appeals Tribunal & Others[2018] KEHC 621 (KLR)6 Dec 2018
- Staff Pension Fund & Kenya Commercial Bank Staff Retirement (DC) Scheme 2006 & another v Ann Wangui Ngugi & 524 others [2018] KECA 710 (KLR)[2018] KECA 710 (KLR)16 Mar 2018
Cite this brief
#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.