Willis Ogola Okendo v Collins Oyuu & 3 others [2018] KECA 366 (KLR)
- Court
- Court of Appeal
- Case number
- 366
- Citation
- [2018] KECA 366 (KLR)
The trial court’s judgment complies with the requirements of Order 21 Rule 4 and 5 of the Civil Procedure Rules. The appellant has a legitimate expectation to benefit from old age allowance but not for death benefits.
Facts
The appellant Willis Ogola Okendo claimed death allowances for his two sons and mother, who were members of the Kenya National Union of Teachers (KNUT). The 1st respondent was the Executive Secretary of KNUT, and the 2nd and 3rd respondents were Executive Secretaries of KNUT's Bondo and Siaya Branches.
Issues
- Whether the trial court complied with the provisions of Order 21 Rule 4 and 5 of the Civil Procedure Rules.
- Whether the appellant is entitled to benefit from the old age and death allowances and whether his legitimate expectation to benefit was infringed.
Reasoning
The trial court found that the appellant had a legitimate expectation to benefit from old age allowance but not for death benefits, as the constitution does not provide for death or burial allowances for dependants of members who are alive.
Outcome
Appeal dismissed
Orders
- The 4th Respondent is to include in its agenda for the next National Executive Committee meeting the request by the Plaintiff for payment of old age allowance as promised in the letter dated 9th August, 2012 and communicate the decision of the National Executive Committee to the Plaintiff.
Authorities cited
Legislation (2)
- KNUT Constitution
- Civil Procedure Rules
Cases cited (2)
- Royal Star Ltd and Another v Kimeu Wambua (Civil Appeal No 156 of 2011)
- South Nyanza Sugar Co. Ltd v Omwando (2011) eKLR
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