George Omondi & 210 Others v Retirement Benefits AppealsTribunal & 2 Others [2015] KEELRC 1629 (KLR)
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
#Key legal issues
#Jurisdiction of the Industrial Court to hear an appeal from the Retirement Benefits Appeals Tribunal
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
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.
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.The Appeal is dismissed with costs to the Respondents
- 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.