Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedIndustrial Court of Kenya Appeal No. 5 of 2014 (formerly High Court Appeal No. 554 of 2013)· [2015] KEELRC 1629 (KLR)

George Omondi & 210 Others v Retirement Benefits AppealsTribunal & 2 Others [2015] KEELRC 1629 (KLR)

Industrial Court of Kenya at Nairobi
28 August 2015
737 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

#

Kenya's employment court ruled it cannot hear appeals from the Retirement Benefits Appeals Tribunal, so 210 former CBK employees lost their pension appeal on jurisdiction alone.

What this practically means

#

Executive summary

#
Two hundred and ten former employees of the Central Bank of Kenya appealed to the High Court against a decision of the Retirement Benefits Appeals Tribunal delivered on 11th September 2013 in Tribunal Appeal No. 4 of 2010, raising twenty-nine grounds. The appeal was transferred to the Industrial Court as Appeal No. 5 of 2014. The Retirement Benefits Authority raised a preliminary objection contending that the Court lacked jurisdiction, that no right of appeal lay from the Tribunal under the Retirement Benefits Act No. 3 of 1997, and that the appeal was an abuse of process. The appellants addressed only the merits in their submissions and did not respond to the objection. Relying on the Court of Appeal's dictum in Lilian 'S' v Caltex Oil (K) Limited that jurisdiction is everything, and adopting the holding in Onyancha J's decision in HCCA No. 141 of 2012 that the Tribunal is endowed with appellate jurisdiction equivalent to that of the High Court, the Court held that neither the High Court nor the Employment and Labour Relations Court is expressly conferred appellate jurisdiction over Tribunal decisions by the Act. Consistent with its earlier decision in Petition No. 16 of 2013, an aggrieved party's recourse lies in judicial review. The preliminary objection succeeded and the appeal was dismissed with costs to the Respondents on 28th August 2015.

Key legal issues

#
01

Jurisdiction of the Industrial Court to hear an appeal from the Retirement Benefits Appeals Tribunal

Holding

The Court lacks jurisdiction; the Retirement Benefits Act does not expressly confer appellate jurisdiction on the High Court or the Employment and Labour Relations Court over Tribunal decisions

Reasoning

The Tribunal is endowed with appellate jurisdiction equivalent to that of the High Court in matters under section 46 of the Act. Because the Act does not expressly confer a further right of appeal to the High Court or the Industrial Court, accepting jurisdiction would require judicial innovation and craft. Consistent with prior authority, an aggrieved party's recourse is judicial review. The preliminary objection therefore succeeds and the appeal is dismissed with costs.

p. 2

Legal principles established

#
  • A court without jurisdiction must down tools at once; jurisdiction is everything
  • An aggrieved party has recourse from the Retirement Benefits Appeals Tribunal only by way of judicial review, not appeal

Court orders

#
  1. 1.The Appeal is dismissed with costs to the Respondents

Authorities

#

Legislation

  • Retirement Benefits ActSections 46, 47, 49(4), 50(2)

Cases cited (3)

  • Lilian 'S' v Caltex Oil (K) Limited
    (1989) LLR 1653 (CAK)
  • Pension Scheme v The Attorney General; Retirement Benefits Authority and 4 others
    Petition No. 16 of 2013
  • HCCA No. 141 of 2012 (decision of Justice David Onyancha)
On appeal from
Retirement Benefits Appeals Tribunal at Nairobi
Tribunal Appeal No. 4 of 2010
Jurisdiction invoked
Retirement Benefits Act No. 3 of 1997 (sections 46, 47, 49(4) and 50(2)); the court found no express right of appeal to it from the Tribunal

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "George Omondi & 210 Others v Retirement Benefits AppealsTribunal & 2 Others [2015] KEELRC 1629 (KLR)", Case Analysis (2015). Industrial Court of Kenya Appeal No. 5 of 2014 (formerly High Court Appeal No. 554 of 2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1629/eng@2015-08-28

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