Trustees of Stanbic Bank (K) Ltd Stafi Pension and Life Assurance Scheme v Retirement Benefits Appeals Tribunal & another; Retirement Benefits Authority (Interested Party) (Judicial Review Application E137 of 2021) [2025] KEHC 346 (KLR) (Judicial Review) (24 January 2025) (Ruling) Neutral citation: [2025] KEHC 346 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) JUDICIAL REVIEW JUDICIAL REVIEW APPLICATION E137 OF 2021 RE ABURILI, J JANUARY 24, 2025 BETWEEN TRUSTEES OF STANBIC BANK (K) LTD STAFF PENSION AND LIFE ASSURANCE SCHEME ........................................................................... APPLICANT AND RETIREMENT BENEFITS APPEALS TRIBUNAL ................... 1ST RESPONDENT BERNDADETTE KARIUKI ........................................................ 2ND RESPONDENT AND RETIREMENT BENEFITS AUTHORITY ........................... INTERESTED PARTY RULING 1. On the twin Applications dated 22/1/2025, I have considered the two applications, both dated 22/1/2025 by the objector to the attachment Stanbic Bank Kenya Limited, objecting to the attachment and sale of the 12 items listed in the warrants of attachment dated 20/1/2025 and proclaimed by Mbusera Auctioneers and the application dated 22/1/2025 by the judgment debtor seeking stay of execution of Certificate of Taxation dated 15/7/2024 as well as a prayer for review/setting aside of the Ruling dated 8/1/2025 and reinstatement of the application dated 23/7/2024 for hearing denovo on its merits. 2. The two applications are each brought under certificate of urgency, supported by grounds on the faces thereof, afidavits and annextures. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/346/eng@2025-01-24 1
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3. In respect of the application accompanying the Notice of Objection to attachment, I find the application urgent. It is hereby certified urgent. I direct the Applicant/Objector to serve upon the Decree holder and all the parties to these proceedings, for inter partes directions on 29/1/2025. 4. Pending the inter partes directions, and with the decree holder intimating to court whether it intends to proceed with attachment as commenced, there is hereby granted a temporary stay of execution by way of taking possession and or sale of the attached properties and or any other property belonging to the objector. 5. I so order. 6. On the second application dated 22/1/2025 filed by the judgment debtor, I note that the application was filed on 23/1/2025. The Ruling which is sought to be reviewed and set aside was rendered on 8/1/2925. It appears to this court that the applicant only came to court after execution process was put in motion. I find that there is no urgency disclosed. I decline to certify the application in question as urgent. 7. I direct the Applicant/judgment Debtor to serve the decree holder for inter partes directions on 29/1/2025. I make no further orders. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 24TH DAY OF JANUARY, 2025 R.E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/346/eng@2025-01-24 2
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