Staff Pension Fund & Kenya Commercial Bank Staff Retirement (DC) Scheme 2006 & another v Ann Wangui Ngugi & 524 others [2018] KECA 710 (KLR)
- Court
- Court of Appeal
- Case number
- 710
- Citation
- [2018] KECA 710 (KLR)
The appeal is allowed, the Ruling of ELRC dismissing the preliminary objection is set aside insofar as it relates to the right of appeal. The preliminary objection on the right of appeal is allowed and the appeal is struck out.
Facts
The respondents are former employees of the Kenya Commercial Bank Limited. The bank established two pension schemes: a defined benefits scheme (1982 scheme) and a defined contribution scheme (2006 scheme). The respondents left service under different circumstances and are members of the 1982 scheme.
Issues
- Whether the court lacked jurisdiction to hear and determine any dispute relating to a retirement benefits or pension scheme
- Whether the respondents have a right of appeal to the ELRC
Reasoning
The court found that the respondents do not have a right of appeal to the ELRC and that the ELRC has no jurisdiction to determine the appeal. The court declines to determine the statutory jurisdiction of ELRC until the right occasion arises.
Outcome
The appeal is allowed, the Ruling of ELRC dismissing the preliminary objection is set aside.
Orders
- The preliminary objection on the right of appeal is allowed and the appeal is struck out.
- No order for costs should be made against the respondents.
Authorities cited
Legislation (1)
- Retirement Benefits Act - No. 3 of 1997
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