Mackenzie Moulding Mogere & another v Trustees of Telposta Pension Scheme & 4 others [2017] KECA 330 (KLR)
- Court
- Court of Appeal
- Case number
- 330
- Citation
- [2017] KECA 330 (KLR)
The appeal is allowed, and the decision and orders of the Employment and Labour Relations Court are set aside. The petition is dismissed.
Facts
Mogere and Ndoria, management level employees of Telkom, retired and joined Telposta pension scheme. They objected to the payment of their pension based on the consolidated salary, while Telkom had previously linked their salary to unionizable staff and deducted 7.5% of the basic salary.
Issues
- Whether the Retirement Benefits Appeals Tribunal (RBAT) decision to calculate pension on consolidated salary is valid.
- Whether the High Court has jurisdiction to review the RBAT decision.
Reasoning
The court found that the RBAT failed to consider relevant matters and the basis for calculating the pension was the basic salary, which could not be varied except by an amendment to the Trust Deed. The court also held that the High Court does not have jurisdiction to review the RBAT decision.
Outcome
The appeal is allowed, and the petition is dismissed.
Orders
- Order of certiorari to remove the decision of the RBAT purporting to direct that the retirement benefits be calculated on consolidated salaries.
- Order of mandamus compelling the RBAT to review the decision made on 23rd February 2012 in light of the interests of the pensioners.
Remedies
- Dismissal of the petition.
- Costs of the appeal and the dismissed petition are awarded to the appellants.
Authorities cited
Legislation (2)
- Retirement Benefits Act, Cap 197
- Trust Deed
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