National Bank of Kenya Staff Retirement Benefits Scheme & another v Retirement Benefits Appeal Tribunal & others [2020] KEELRC 1715 (KLR)
The bottom line
#The High Court dismissed the National Bank pension scheme's attempt to overturn a Tribunal ruling, confirming judicial review challenges process, not disagreeable outcomes.
What this practically means
#Executive summary
#Key legal issues
#Whether the Tribunal's impugned ruling was ultra vires, biased or unconstitutional
No evidence supported any of the grounds; the Tribunal discharged its functions under the Retirement Benefits Act and the ruling was delivered in open court
The court examined the proceedings of 13th February 2017 and found the ruling was delivered in open court in the presence of counsel for the appellants. The impugned ruling merely executed the Tribunal's judgment as tabulated in the adopted actuarial report; there were not two judgments, no rewriting of the 8th August 2014 ruling, no setting aside of the consent orders, and no evidence of bias or of orders granted that were never sought.
Whether the application was an appeal disguised as judicial review
Yes; the complaints went to the merits of the Tribunal's decision and are matters for appeal, not judicial review
The court agreed with the 2nd to 84th Respondents that the applicants were challenging the correctness of the Tribunal's ruling on execution rather than any procedural illegality. Since the applicants failed to establish misconceived discretion, irrelevant considerations, or gross unreasonableness, the judicial review orders could not issue.
Legal principles established
#- Judicial review intervention is limited to the decision-making process, not the merits of the decision
- Certiorari will not issue where the tribunal has jurisdiction and the complaint is merely that its decision is wrong on law or fact
- A party seeking judicial review must establish illegality, irrationality or procedural impropriety
Court orders
#- 1.The Notice of Motion application dated 7th March 2017 is dismissed in its entirety
- 2.Costs of the application awarded to the 2nd to 84th Respondents
- On appeal from
- Retirement Benefits Appeals Tribunal
- Nairobi Civil Appeal No. 8 of 2010
- Jurisdiction invoked
- Judicial review jurisdiction of the High Court under the Law Reform Act / Constitution (orders of certiorari and mandamus) against a decision of the Retirement Benefits Appeals Tribunal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "National Bank of Kenya Staff Retirement Benefits Scheme & another v Retirement Benefits Appeal Tribunal & others [2020] KEELRC 1715 (KLR)", Case Analysis (2020). Judicial Review Application (Notice of Motion dated 7th March, 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1715/eng@2020-01-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.