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Wilfrida Arnodah Itolondo v Board of Trustees of Kenyatta University Staff Retirement Benefits Scheme [2017] KECA 104 (KLR)

[2017] KECA 104 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
104
Citation
[2017] KECA 104 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypecivilPostureAppeal from the High Court's dismissal of a petition seeking various reliefsCoramP.N. Waki, R.N. Nambuye, M.K. Koome
Holding

The appeal is dismissed in its entirety.

Facts

The appellant expressed interest in being a trustee of the respondent's staff pension scheme, but was barred due to a pending court case against the scheme's sponsor and her role as a union delegate. She filed a petition challenging the respondent's action.

Issues

  1. Whether the respondent's action of barring the appellant from vying for the position of trustee was in violation of her fundamental rights and freedoms.
  2. Whether the respondent's action was unreasonable and unconstitutional.
  3. Whether the respondent's action infringed on the appellant's right to access a court of law and her right to vie for the position as a co-opted member of UASU.

Reasoning

The court found no transgression in the learned Judge's judgment and no misapprehension of facts or misapplication of law. The court did not misinterpret the facts or misapply the law.

Outcome

Appeal dismissed

Orders

  • Each party to bear their own costs

Authorities cited

Cases cited (2)
  • PIL Kenya Ltd versus Oppanga [2009] KLR 442
  • The Code of Civil Procedure by Sir Dinshah Fardinji Mulla, 18th Edition, Reprint 2012, B.M. Prasad: Butter worths: Wadhwa Pg 2273
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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