Association of Retirement Benefits Schemes v Attorney General & 2 others; Retirement Benefits Authority (Interested Party) (Civil Appeal 283 of 2017) [2022] KECA 543 (KLR) (28 April 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 543
- Citation
- [2022] KECA 543 (KLR)
- Decided
- 28 April 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Judgment and Decree of the High Court of KenyaCoramJ. Mativo, Karan, Ki Laibuta, Onguto, W. Karanja
Holding
The appeal is dismissed and the judgment and decree of the High Court are upheld. The appellant shall bear the costs of the appeal.
Facts
The Association of Retirement Benefits Schemes petitioned the High Court seeking declarations that section 2 (o) of the Public Procurement and Asset Disposal Act, 2015 is unconstitutional and infringes on the pension funds of public entities' rights to property and freedom of equality.
Issues
- Unconstitutionality of section 2 (o) of the Act
- Discrimination against public entities
- Freedom of contract and Article 19(2) of the Constitution
- Article 40 rights and freedoms of public entities
- Transparency and accountability of public entities
Reasoning
The court found that the pension funds of public entities are not subject to discrimination and that the Act serves the dictates of good governance.
Outcome
Appeal dismissed
Orders
- Appellant shall bear the costs of the appeal
Authorities cited
Legislation (2)
- Public Procurement and Asset Disposal Act, 2015
- Constitution of Kenya, 2010
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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