George Omondi & 210 others v Retirement Benefits Appeals Tribunal & 2 others [2020] KECA 666 (KLR)

Facts

The appellants are former Central Bank of Kenya employees who were members of the Central Bank of Kenya Pension Fund. They presented a claim to the Retirement Benefits Authority under Section 46 of the Retirement Benefits Authority Act, complaining about changes to the Trust Deed and Rules of the Pension Fund.

Issues

1. Whether the Employment and Labour Relations Court has jurisdiction to hear an appeal from a decision of the Retirement Benefits Appeals Tribunal.
2. Whether the Retirement Benefits Authority Act confers appellate jurisdiction on the High Court or the Employment and Labour Relations Court.

Reasoning

The Court of Appeal holds that the ELRC does not have jurisdiction to hear an appeal from a decision of the RBA Appeals Tribunal, as the Retirement Benefits Authority Act does not expressly confer such appellate jurisdiction on the High Court or the ELRC.

Outcome

Appeal dismissed.

Authorities cited