Kirera & 549 others v Central Bank of Kenya (Cause E588 of 2024) [2025] KEELRC 988 (KLR)
The bottom line
#Kenya's Employment Court struck out 210 former Central Bank employees' pension claim, ruling pension disputes belong to the Retirement Benefits Appeals Tribunal, not the ELRC.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELRC has jurisdiction over the pension dispute
The Court lacks jurisdiction; pension disputes fall within the RBA and Retirement Benefits Appeals Tribunal, and there is no statutory appeal route from that Tribunal to the ELRC.
The dispute concerns matured pension benefits previously litigated before the Retirement Benefits Appeals Tribunal, the ELRC and the Court of Appeal. The Court of Appeal in Civil Appeal No. 204 of 2017 held there is no provision in the Retirement Benefits Act for escalation of disputes beyond the Tribunal to the ELRC. A court's jurisdiction flows only from the Constitution or statute, and the Court must down tools once it finds it lacks jurisdiction.
Whether the suit is res judicata
Not determined; the question became academic once the Court found it lacked jurisdiction.
The Court reasoned that after finding no jurisdiction, delving into res judicata and the competence of the suit would be a mere academic exercise. Notably, the Court observed that it did not matter that the Respondent as sued was not a party in the earlier Tribunal appeal, indicating it would likely have found the dispute re-invented as a suit to bypass prior decisions.
Legal principles established
#- There is no provision in the Retirement Benefits Act for escalation of disputes beyond the Retirement Benefits Appeals Tribunal to the ELRC; the ELRC has no jurisdiction to entertain a pension dispute falling within the RBA and the Appeals Tribunal's jurisdiction and already heard and determined by that Tribunal.
- A court's jurisdiction flows from the Constitution or legislation or both, and it cannot arrogate to itself jurisdiction exceeding that conferred by law.
Court orders
#- 1.Upheld the Respondent's Notice of Preliminary Objection to the extent that the Court lacks jurisdiction to entertain the suit.
- 2.Struck out the Claimants' suit with no order as to costs.
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution of Kenya 2010; Retirement Benefits Act (Cap. 197), Sections 46-49
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kirera & 549 others v Central Bank of Kenya (Cause E588 of 2024) [2025] KEELRC 988 (KLR)", Case Analysis (2025). Cause No E588 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/988/eng@2025-03-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.