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ELRCDismissedNot stated in the judgment (Notice of Motion dated 10 September 2018)· [2018] KEELRC 543 (KLR)

Charles Masinde v Retirement Benefits Authority & another [2018] KEELRC 543 (KLR)

Employment and Labour Relations Court
28 November 2018
213 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled it cannot take over pension disputes filed before the Retirement Benefits Appeal Tribunal, dismissing an attempt to move a case there.

What this practically means

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Executive summary

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Charles Masinde (the applicant) moved the Employment and Labour Relations Court on 11 September 2018 by an application dated 10 September 2018, seeking orders that the Court withdraw from and transfer to itself the proceedings in Retirement Benefits Appeal Tribunal Appeal No. 2 of 2018, Charles Masinde v Retirement Benefits Authority. The judgment records a second prayer but its text is blank. On service, the 1st Respondent, the Retirement Benefits Authority, filed a Notice of Preliminary Objection contesting the Court's jurisdiction. The applicant filed grounds in opposition. Arguments were taken on 26 November 2018, on which date the applicant's advocate disappeared from Court before the arguments were taken. The Court considered the material placed before it, and in particular the Court of Appeal decision in Staff Pension Fund & Kenya Commercial Bank Staff Retirement (DC) Scheme 2006 & Ar v Ann Wangui Ngugi & 524 Ors (2018), and concluded that it had no jurisdiction over the dispute. In a brief ruling delivered, dated and signed in Nairobi on 28 November 2018, Radido Stephen J dismissed the application dated 10 September 2018 with costs to the 1st Respondent. The judgment does not state the case number of the suit, the statutory basis of the jurisdictional analysis, or the parties' detailed submissions, and no other orders were made.

Key legal issues

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01

Jurisdiction of the Court to withdraw and transfer Retirement Benefits Appeal Tribunal proceedings to itself

Holding

The Court dismissed the application, holding it had no jurisdiction over the dispute, relying on the Court of Appeal decision in Staff Pension Fund & Kenya Commercial Bank Staff Retirement (DC) Scheme 2006 & Ar v Ann Wangui Ngugi & 524 Ors (2018).

Reasoning

The applicant sought orders to have the proceedings before the Retirement Benefits Appeal Tribunal withdrawn and transferred to this Court. The 1st Respondent filed a Notice of Preliminary Objection contesting the Court's jurisdiction. The Court considered the material placed before it, including the Court of Appeal decision in the Staff Pension Fund case, and concluded that it had no jurisdiction over the dispute. The preliminary objection prevailed and the application was dismissed with costs.

p. 2

Legal principles established

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  • The Employment and Labour Relations Court lacks jurisdiction over the dispute before the Retirement Benefits Appeal Tribunal and cannot withdraw and transfer such proceedings to itself

Court orders

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  1. 1.The application dated 10 September 2018 is dismissed with costs to the 1st Respondent

Authorities

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Cases cited (1)

  • Staff Pension Fund & Kenya Commercial Bank Staff Retirement (DC) Scheme 2006 & Ar v Ann Wangui Ngugi & 524 Ors (2018)
Jurisdiction invoked
Not stated in the judgment; the Court determined it had no jurisdiction over the dispute

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Charles Masinde v Retirement Benefits Authority & another [2018] KEELRC 543 (KLR)", Case Analysis (2018). Not stated in the judgment (Notice of Motion dated 10 September 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/543/eng@2018-11-28

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